~r"7'5br 


/ 


THE  liBRARY 
OF  THE 

UHlVERSiTY  OF  ILLINOIS 


/O 

" THE  EOAD  TO  RIJIH: 

OR,  THE 

etlitte  anb  Jfall 

OF 

THE  HOOSAC  TUNNEL. 


Save  Me  from  My  Friends.” 


By 

F.  W.  BIRD. 


BOSTON: 

WRIGHT  & POTTER,  PRINTERS,  4 SPRING  LANE. 
1 8 6 2. 


C C>  Wv . I ^ . H 'i  X i 2 "(JK 


355,4 

T7‘5J>r 

'Y 

a 

* REVIEW. 

C\  , 

cs  

We  would  gladly  avoid  the  task  before  us.  We  entered  upon 
the  examination  before  the  Committee,  conscious  of  no  other  pur- 
pose than  to  aid  in  an  honest,  impartial,  thorough  investigation  of 
a matter  of  public  policy.  We  expected,  of  course,  that  just  that 
and  no  other  would  be  the  purpose  of  the  Committee.  Before 
the  second  day’s  hearing  closed,  we  found  that  there  was  an  iron 
majority  of  the  Committee  against  any  such  investigation.  We 
' hope  no  one  of  that  majority  entertains  so  poor  an  opinion  of  our 
! penetration  or  good  sense  as  to  suppose  that  we  were,  for  a moment, 
deluded  with  the  idea  that  the  hearing  was  any  thing  but  a farce. 
We  charge  no  conscious  intention  of  unfairness  upon  that  majority. 
We  are  inclined  to  believe  that  they  really  thought  they  were 
giving  us  a fair  hearing.  The  more’s  the  pity  I 

We  did  our  best  to  get  facts  before  the  Committee,  in  the  way 
of  documentary  papers  and  by  the  testimony  of  experts.  We  did 
not  suppose  any  of  them  would  alter  a foregone  conclusion  ; we 
did  hope  that  some  of  them  would  find  their  way  into  a report. 
How  mistaken  we  were,  the  report  tells.  There  was  but  one 
course  left ; and  that  was,  to  bring  out  the  facts,  as  we  intend  to 
do  in  the  following  paper. 

To  myself,  personally,  this  duty  is  very  painful.  I fear  it  will 
'cost  the  alienation  of  dear  friends.  I shall  be  assailed  as  hostile 

v; 

to  an  enterprise  to  which  I have  always  been  and  am  still  friendly. 
So  strongly  was  I in  favor  of  it  that  I accepted  the  constant  assev- 
erations of  its  friends  (and  mine)  that  every  thing  was  all  right. 
Recent  events  have  opened  my  eyes.  I have  seen  whole  tiers  of 
towns,  once  the  strongholds  of  Freedom,  swung  over,  in  almost 
solid  column,  into  the  ranks  of  the  pro-slavery  democracy.  Where 
once  rallied  the  indomitable  Swiss  Legions,  doing  yeoman  service 
for  God  and  Liberty,  now  muster  only  Hessian  mercenaries  bawling 
“ Beef ! Beef ! ” The  representatives  in  the  House  (by  the  election 


u 56485 


4 


of  my  friend  from  Greenfield,  the  Senate  was  saved  from  that 
disgrace)  with  a few  noble  exceptions,  make  this  scheme  paramount 
to  every  consideration  of  public  policy  and  political  principle.  I 
already  hear  tlie  howl  which  this  declaration  will  let  loose  upon 
me ; but  it  is  true ; and  there  is  not  an  intelligent  man  in  the 
House  v)ho  does  not  know  it^  nor  an  lionest  one  who  does  not 
lament  it.  Come  what  will  to  me  personally,  I shall  do  what  I 
can  to  lay  bare  tlie  malign  influence  which  is  working  such  mischief. 

Historical. 

Before  examining  the  extraordinary  Report  of  the  Joint  Special  i 
Committee  on  the  Troy  and  Greenfield  Railroad,  and  the  still  more 
extraordinary  Bill  accompanying  it,  we  present  a very  brief  histor-  j 
ical  sketch  of  the  legislation  relating  to  the  enterprise.  We  do  j 
this  for  the  purpose  of  showing  how  entirely  the  cliaracter  of  the  i 

tunnel  ” has  changed  so  far  as  its  relations  to  the  State  are  f 
concerned.  We  shall  see  how  it  commenced  as  an  ordinary  and  I 
harmless  railroad  corporation,  asking  only,  in  the  language  of  the  j 
petitioners  to  the  legislature  of  1848  in  aid  of  the  enterprise,  for* 
the  privilege  of  building  their  own  road  with  their* own  money i 
until  it  now  asks  that  the  key  of  the  State  treasury  may  be  deliv- 
ered to  its  contractor  to  finish  a work  in  which  all  its  original 
friends  have  long  ago  refused  to  invest  a single  dollar. 

The  first  charter  was,  chap.  307  of  the  Acts  of  1848,  an  ordinary 
Act  incorporating  a railroad  company,  requiring  the  road  to  be 
located  and  built  within  seven  years  ! 

By  chap.  108  of  the  Acts  of  1849,  they  were  authorized  to 
alter  the  location.  By  chap.  312,  Acts  of  1850,  the  time  for 
changing  the  location  was  extended. 

In  1851  the  company  applied  for  a State  loan,  and  was  refused. 

Chapter  40,  Acts  of  1852,  is  unimportant.  Chapter  297  of  the 
same  year  authorized  a union  with  the  Southern  Yennont  Railroad 
Company. 

In  1853  another  ajqdication  for  a loan  was  defeated. 

In  chap.  220,  Acts  of  1854,  their  importunity  was  rewarded  by 
the  passage  of  “ An  Act  authorizing  a loan  of  the  State  credit  to 
enable  the  Troy  and  (Irccnricld  Railroad  Company  to  construct 
the  Iloosac  'runnel^  4''his  Act  {)rovidcd  for  a loan  of  credit  to 
the  amount  of  •‘f>2,000,()0()  upon  condition,  that  when  six  hundred 
thousand  dollars  had  been  subscribed  to  the  stock  and  twenty 


per  cent,  actually  paid  in,  seven  miles  of  road  built,  and  one 
thousand  lineal  feet  of  the  tunnel  “completed,’’  then  one  hundred 
thousand  dollars  of  scrip  should  be  delivered,  and  so  on  ; carefully 
providing  that  payments  on  the  subscription  shall  keep  pace  with 
the  deliveries  of  tlie  scrip,  so  that  the  whole  of  the  six  hundred 
thousand  dollars  must  be  paid  in  before  the  scrip  is  all  delivered ; 
and  also,  “ subject  to  this  proviso,  that  the  last  two  hundred  thou- 
sand dollars  of  said  scrip  shall  be  reserved  until  said  company, 
their  successors  or  representatives,  have  opened  said  railroad 
for  use  through  the  Hoosac,  and  laid  a continuous  railroad  from 
Greenfield  to  the  line  of  the  State  in  Williamstown.”  Observe, 
the  legislature  required  this  subscription  of  1600,000  to  build  the 
railroad^  and  loaned  their  credit  “ for  the  purpose  of  enabling  the 
I said  company  to  construct  a tunnel  and  railroad  under  and  through 
\ the  Hoosac  Mountain.”  Ten  per  cent,  of  each  issue  of  scrip,  and 
I $25,000  annually,  after  the  opening  of  the  road,  were  to  be 
applied  to  a sinking  fund. 

Chapter  294,  Acts  of  1855,  authorized  certain  towns  to  subscribe 
to  the  stock. 

In  1856,  finding  that  they  could  not  procure  the  subscription 
of  $600,000  necessary  as  a condition  precedent  to  their  receiving 
the  State  scrip,  tlie  corporation  petitioned  the  legislature  for  a 
State  subscription  of  $150,000  to  the  stock,  to  enable  them  to 
draw  the  State  scrip  ! This  cool  proposition  was  defeated. 

Chapter  237,  Acts  of  1856,  authorized  a change  of  location,  “in 
such  places  as  will,  in  the  opinion  of  the  chief  engineer,  improve 
the  line  of  the  road,  shorten  the  same,  and  diminish  the  cost  of 
construction.” 

In  1857,  an  Act  modifying  the  previous  Acts  for  the  benefit  of 
the  corporation,  (or  rather  contractors,)  passed  the  legislature, 
but  was  vetoed  by  Governor  Gardner. 

Chapter  117,  Acts  of  1859,  is  a modification  of  the  Loan  Act 
of  1854,  more  favorable  to  the  corporation,  but  under  which 
nothing  was  done. 

We  have  sketched  this  history  in  detail  to  show  the  successive 
steps  by  which,  from  asking  only  to  “ build  their  own  road  with 
their  own  money,”  they  come  to  getting  a loan  from  the  State 
of  $2,000,000  upon  condition  of  furnishing  from  other  sources 
$600,000.  They  broke  down  in  this,  having  succeeded  in  raising 
in  cash  only  $66,058.28.  (See  Mr.  Kimball’s  very  elaborate  report, 


House  Doc.  No.  185,  1860.)  It  is  true,  by  some  sort  of  legerde- 
main, Mr.  Haupt — for  he  bad  now  literally  pocketed  the  corpora- 
tion— managed  to  get  out  of  the  State  some  two  or  three  hundred 
thousand  dollars  of  scrip  by  bogus  subscriptions  to  the  stock, 
which  he  could  well  afford  to  make,  having  made  a contract  to 
receive  four  million  dollars  for  building  road  and  tunnel  which  he 
says  can  be  finished,  all  complete  for  about  12,100,000,  omitting 
all  considerations  of  interest!”  which  four  millions  embraces  a 
bonus  of  i300,000  as  a consideration  for  subscribing  for  $600,000 
of  the  stock. 

The  diagrams  annexed  show  how  the  tunnel  has  also  changed  in 
its  character,  growing  “ small  by  degrees  and  beautifully  less.” 

The  Act  of  1860,  chapter  202,  is  a still  longer  step  on  the  down- 
ward road.  It  abandons  the  requirement  of  the  $600, OOC' 
subscription  by  other  parties ; abandons  all  payments  into  the 
sinking  fund ; abandons  the  security  of  requiring  the  road  to  bf 
built  pari  passu  with  the  tunnel,  divides  the  unexpended  portior 
of  the  loan,  giving  $650,000  to  the  road,  and  $1,120,000  to  th| 
tunnel ; but  requires  that  the  work  shall  be  substantially  peij! 
formed  ;”  and  provides,  that  the  deliveries  of  scrip  shall  be  a 
the  rate  of  fifty  dollars  for  each  lineal  foot  of  tunnel,”  whicl 
would  bore  the  mountain  with  the  $1,120,000,  provided  they  can 
keep  on  at  that  price ; and  also,  that — 

“ The  scrip  shall  be  delivered  on  the  road  in  the  proportion  which  the 
value  of  the  work  done  and  the  materials  delivered  each  month  bears  to 
the  estimated  cost  of  the  whole  work  and  materials  required  on  the  portion 
of  the  road  aforesaid.” 

Now,  any  one  who  looks  at  the  Act  even  superficially  will  see 
that  this  last  furnishes  the  only  security  which  the  State  has, 

that  her  money  wilt  not  all  he  spent  and  the  road  abandoned,  long 
before  it  is  finished  I 

And  yet  the  Re[)ort  of  the  Committee,  now  before  us,  flings 
away  even  this  last  vestige  of  security  which  the  State  has  that 
the  work  will  I)e  ‘‘  substantially  performed.”  In  the  order  of 
history,  we  come  now  to  this  last,  longest  downward  step  of  all — 

“ licyond  tlie  lowest  depth  a lower  deep,” 
and  into  this  the  Committee  have  plunged. 


Before  dissecting  this  extraordinary  document — without  a 
I parallel  in  the  legislative  reports  of  Massachusetts — it  will  be 
')  necessary  to  trace  the  history  of  this  present  controversy. 

' When  Mr.  Whitwell,  the  State  Engineer,  appointed  in  May, 

, 1861,  came  to  determine  the  amount  of  the  work  done  on  the 
I road  in  June,  and  ‘‘  to  estimate,”  as  he  is  required  by  the  Act, 

* “ the  proportion  which  the  work  done  upon  the  road  since  the 
preceding  estimate  bore  to  the  whole  of  the  work  to  be  done,” 
he  found  that  if  he  issued  his  certificate  for  scrip  to  the  corpora- 
I tion,  that  is,  to  Herman  Haupt,  on  the  same  basis  as  his  prede- 
, cessors,  Messrs.  Lincoln  and  Stevenson,  had  done,  it  would 
I require,  after  the  whole  of  the  $650,000  had  been  issued  by  the 
I State,  a large  additional  sum  to  finish  the  graduation,  masonry, 
bridging  and  superstructure  in  a “ substantial  ” manner.  He 
.therefore  issued  his  certificate  to  the  Governor  for  what  he  con- 
sidered due.  Mr.  Haupt  claimed  about  a hundred  thousand 
dollars  additional,  and  the  work  was  suspended. 

The  matter  came  before  the  Executive  Council.  It  was  referred 
to  a committee  .consisting  of  Messrs.  Hugh  W.  Greene,  Joel 
Hayden  and  E.  C.  Sherman.  A hearing  was  had,  and  the  witnesses 
examined  were  Messrs.  Ezra  Lincoln  and  C.  L.  Stevenson,  the 
two  State  engineers  whose  estimates  Mr.  Haupt  claimed  were  the 
correct  ones ; Mr.  H.  Harley,  Mr.  Haupt’s  engineer ; Mr.  Henry 
Cartwright,  Mr.  Haupt’s  partner;  Mr.  E.  L.  Childs,  Mr.  Haupt’s 
bridge-builder ; Mr.  B.  N.  Farren,  one  of  Mr.  Haupt’s  sub-con- 
tractors ; Mr.  Herman  Haupt  himself;  and  Mr.  William  S.  Whit- 
well,  the  present  State  Engineer.  (Mr.  John  A.  Haven,  editor  of 
the  Railway  Times,  was  called  to  testify  in  regard  to  the  author- 
ship of  an  article  in  his  paper.)  With  the  exception  of  Mr. 
Whitwell  and  Mr.  Haven  the  witnesses  were  entirely  agreeable, 
and  of  course  the  committee  came  to  a unanimous  conclusion  ; 
and  that  was,  to  recommend  to  the  Council  to  direct  the  State 
Engineer  to  revise  his  estimates  upon  the  basis  established  by 
Colonel  Lincoln,”  “ and  that  those  conditions,  estimates  and  prices 
shall  be  the  basis  of  all  future  payments,  until  otherwise  ordered 
by  the  Governor  and  Council.” 

The  conclusions  of  this  ex  parte  hearing  not  being  entirely 
satisfactory  to  the  Governor,  another  hearing  was  had  before  the 
Governor  and  Council,  to  which  a large  number  of  the  most 
accomplished  and  scientific  civil  engineers,  railroad  superintend- 


8 


ents  and  contractors  were  summoned  at  the  request  of  both 
parties.  With  entire  unanimity  the  testimony  of  these  experts 
sustained  Mr.  Whitwell  upon  the  points  upon  which  he  differed 
from  Messrs.  Lincoln  and  Stevenson.  In  this  state  of  the  case, 
the  matter  came  before  the  Joint  Special  Committee. 

Up  to  this  time  the  only  question  had  been,  Were  Messrs. 
Lincoln  and  Stevenson  right  in  their  basis  of  estimates  ? or  was 
Mr.  Whitwell  right  in  his  ? If  the  former,  Mr.  Haupt  was  entitled 
to  a considerable  additional  amount ; if  Mr.  Whitwell  was  right, 
he  had  no  claim. 

The  dnty  of  the  State  Engineer  is  very  clearly  defined  in  the 
Act  1860,  chap.  202,  sect.  3.  We  copy  those  parts  of  the  section 
which  bear  upon  this  point : — 


“ He  shall  monthly,  immediately  after  the  first  day  of  each  month,  esti-[| 
mate  the  proportion  which  the-work  done  upon  the  road,  since  the  preceding^ 
estimate,  bears  to  the  whole  of  the  work  required  to  be  done  in  the  gradua-l 
tion,  masonry,  bridging  and  superstructure  of  said  railroad  east  of  thJ 
Hoosac  Tunnel,  and  also  the  work  done  in  the  excavation  of  said  tunne| 
which  he  shall  certify  separately  to  the  governor,  together  with  the  amounj' 
of  state  scrip  to  which  the  company  is  entitled  under  the  provisions 
this  act. 

The  deliveries  of  scrip  shall  be  at  the  rate  of  fifty  dollars  for  each  lineal 
foot  of  tunnel,  divided  between  heading  and  full  sized  tunnel,  in  the  propor- 
tion of  thirty  dollars  for  each  lineal  foot  of  heading  and  twenty  dollars  per 
lineal  foot  for  the  remaining  excavation ; and  of  six  hundred  and  fifty 
thousand  dollars  for  the  whole  of  the  graduation,  masonry,  bridging  and 
superstructure  of  the  unfinished  portion  of  the  road  east  of  the  tunnel. 

The  scrip  shall  be  delivered  on  the  road  in  the  proportion  which  the 
value  of  the  work  done  and  the  materials  delivered  each  month  bears  to 
the  estimated  cost  of  the  whole  work  and  materials  required  on  the  portion 
of  road  aforesaid. 

No  expenditures  shall  be  required  merely  for  the  purposes  of  ornament, 
but  the  work  shall  be  substantially  performed,  and  the  rails  shall  weigh  not 
less  than  fifty-six  j)ounds  to  the  lineal  yard:  for  any  defective  materials  or 
work,  a fu’oportionate  arnoimt  of  scrip  shall  be  withheld.” 


Now  what  (lid  tlie  State,  by  that  Act,  agree  to  do  V Not  to  give 
to  the  corj)oratioii  f 660, 000  ; not  to  subscribe  that  amount  to  its 
capital  stock  ; not  to  place  that  amount  at  the  disposal  of  the  State 
Engineer  to  be  certified  away  by  him  for  such  a road  as  he  thinks | 
s;itisfactory ; but  it  was  to  be  loaned  to  the  corporation  in  sums,/ 


9 


from  time  to  time,  in  proportion  to  the  progress  of  the  work ; and 
so  proportioned,  that  the  whole  money  should  be  advanced  only 
when  the  whole  work  should  have  been  “ substantially  performed.” 
This  was  the  only  security  the  State  had  that  the  whole  of  her 
money  should  not  be  spent  before  the  work  was  finished;  and 
then  she  should  be  compelled  to  finish  it  or  lose  the  whole. 

On  the  other  hand,  Messrs.  Lincoln  and  Stevenson  and  the 
Committee  of  the  Council  take  the  absurd  position  that  the  basis 
which  was  adopted  for  the  first  month’s  estimate  should  be 
adhered  to,  till  the  whole  money  was  paid  out,  although  it  should 
be  found,  in  the  progress  of  the  work,  as  it  has  been  found  in  the 
history  of  many  or  quite  every  railroad  in  New  England^  that  the 
actual  cost  of  construction  exceeded  the  original  estimates  from 
twenty-five  to  fifty,  and  often,  a hundred  per  cent. 

It  has  been  very  material  to  Mr.  Haupt,  in  order  to  force  upon 
the  Loan  Act  the  construction  necessary  to  answer  his  purposes,  to 
mystify  and  pervert  its  requirements.  Here  are  the  portions  which 
define  the  duty  of  the  State  Engineer — -not  of  the  State  Engineer 
first  appointed,  but  of  the  State  Engineer  who  shall  be  ‘‘  appointed 
annually  “ He  shall  monthly^  immediately  after  the  first  day  of 
each  month,  estimate  the  proportion  which  the  work  done  upon 
the  road,  since  the  preceding  estimate,  bears  to  the  whole  of  the 
work  required  to  be  done  in  the  graduation,  masonry,  bridging 
and  superstructure  of  said  railroad  east  of  the  Hoosac  Tunnel.” 

“ The  scrip  shall  be  delivered  on  the  road  in  the  proportion 
which  the  value  of  the  work  done  and  the  materials  delivered  each 
month  bears  to  the  estimated  cost  of  the  whole  work  and  materials 
required  on  the  portion  of  the  road  aforesaid.” 

“ For  any  defective  materials  or  work  a proportional  amount  of 
scrip  shall  be  withheld.” 

Now  we  affirm  that  it  is  not  possible  to  express  more  clearly  the 
intention  of  the  legislature  than  is  here  done ; namely,  that 
the  payments  shall  be  made,  from  month  to  month,  in  such 
amounts  as  to  moAntain  the  proportion  which  the  work  done  and 
the  work  to  be  done  bear  to  the  portion  of  the  loan  advanced  and 
the  portion  to  be  advanced. 

Most  clearly,  then,  it  is  the  engineer’s  duty,  at  the  end  of  every 
month,  to  answer  these  questions:  What  is  the  whole  amount  of 
work  done  and  materials  furnished  to  this  time  ? What  is  the 
whole  amount  of  work  to  be  done  and  materials  to  be  furnished  to 


2 


10 


complete  the  wliole  road  “ substantially  ” ? The  sum  of  these 
constitutes  the  whole  work  and  materials  as  required  by  the 
statute ; and  the  proportion  which  the  work  done  and  materials 
delivered  up  to  that  time  bear  to  the  whole  amount  of  work  and 
materials  for  the  entire  road,  furnishes  the  proportion  wliich  the 
amount  due  up  to  that  time  bears  to  the  whole  loan  ; and  the 
difference  between  that  amount  and  the  amount  of  scrip  previously 
issued  determines  the  amount  of  scrip  due  for  the  last  month’s 
estimates. 

Let  us  illustrate.  Suppose  that  when  the  engineer  came  to 
make  up  the  estimate  for  the  payment  for  the  June  work, 
he  found,  upon  ascertaining  the  amount  of  work  and  mate- 
rials up  to  July  1st,  and  estimating  the  amount  of  work  and 
materials  required  to  finish  the  road,  that  nine-thirteenths  of 
the  whole  road  was  finished.  The  contractor  was  thus  entitled, 
for  all  the  work  done  to  that  time,  to  nine-thirteenths  of  the 
loan,  or  $450,000.  But  he  had  received  for  estimates  up  to  the 
first  of  the  preceding  month  $355,000.  He  was  therefore  enti- 
tled, for  the  month  of  June,  to  $95,000.  Now  it  is  perfectly  clear 
tliat  it  is  only  by  retaining  these  proportions  that  the  engineer 
preserves  the  only  security  the  State  has  for  the  completion  of  the 
work  ; and  it  is  not  possible  to  preserve  these  proportions  with- 
out changing  the  prices  from  time  to  time  as  the  changing  character 
of  the  work  requires.  As  we  have  elsewhere  said,  and  it  wdll 
bear  repetition — for  it  is  of  the  utmost  importance— -the  rigid 
adherence  to  this  rule,  from  month  to  month,  is  the  only  security 
the  State  has  that  the  loan  shall  not  be  exhausted  long  before  the 
work  is  done. 

Now  what  was  the  actual  difference  between  Messrs.  Lincoln 
and  Stevenson  and  Mr.  Whitwell  ? It  was  this  : 

Upon  carefully  examining  the  road  as  soon  as  possible  after  his 
a})pointment,  Mr.  Whitwell  found,  among  other  items  of  what  the 
Act  calls  “ defective  work,”  that  the  slopes  had  been  left  at  so 
steep  an  inclination,  that  large  amounts  of  earth  would  inevitably 
slide,  and  require  to  be  taken  out  of  the  ditches  before  the  road 
could  he  safely  worked ; and,  worse  still,  he  found  that  a large 
amount  of  trestle-work,  fit  only  for  temporary  use  while  building 
the  road,  had  been  put  up,  some  forty  or  fifty  feet  high,  which  in 
his  judgment  as  well  as  that  of  every  competent  engineer,  should 
have  been  earth  embankments.  As  an  honest  man  he  would  not 


11 


certify  that  this  work  was  properly  done  when  it  was  not,  and 
when  he  had  no  security  that  it  ever  would  be  done ; and  as  an 
engineer,  he  could  not  certify  that  such  work  complied  with 
the  requirements  of  the  Act  that  the  work  should  be  “ substantially 
performed.”  No  respectable  engineer  has  been  found  who  does 
not  say  tliat  this  work  must  be  done  before  the  road  is  in  a con- 
dition for  use.  Even  Mr.  Lincoln,  Mr.  Stevenson  and  Mr. 
Haupt  now  admit  that  this  work  must,  sooner  or  later,  be  done  by 
somebody;  but  they  claim  that  Mr.  Haupt  is  entitled  to  the 
whole  of  the  State  loan  before  doing  this  work,  thus  leaving  the 
whole  of  it  to  be  done  by  the  State,  for  the  obvious  reason  that 
nobody  else  will  put  a dollar  in  the  enterprise.  On  the  other  hand, 
Mr.  Whitwell  claims  that  the  statute  requires  this  work  to  be 
done  before  the  State  loan  is  all  expended. 

Here  are  the  items  of  this  imperfect  work : 

1.  Slopes. 

All  the  slopes  in  the  cuttings  were  left  at  an  inclination  of  one 
foot  horizontal  to  one  foot  vertical,  or  “ one  to  one  ; ” that  is,  at  an 
angle  of  forty-five  degrees  ; whereas  Mr.  Whitwell  decided,  (and 
his  decision  is  sustained  by  the  uniform  testimony  of  railroad  engi- 
neers and  experts,  and  the  uniform  practice  of  all  Neiv  England 
railroads,)  that  they  should  have  been  left  at  an  inclination  of  one 
and  a half  feet  horizontal  to  one  vertical,  or  “ one  and  a half  to  one  ” 
— that  is,  at  an  angle  of  thirty-three  degrees.  Upon  this  point  the 
testimony  and  the  facts  are  so  overwhelming  that  Mr.  Haupt  has 
practically  abandoned  his  original  position . In  his  argument  before 
the  Committee  of  the  Council  he  says  : “ The  slopes  on  the  Troy 

and  Greenfield  Railroad  have  been  precisely  the  same  as  the  slopes 
on  the  Pennsylvania  Central  road,  and  on  many  other  roads  and 
then  adds  broadly:  ‘‘We  claim  that  the  slope  which  has  been 
given — one  to  one — is,  under  all  the  circumstances,  the  best  possi- 
ble ; that  in  many  cases,  a greater  slope  would  render  it  necessary  to 
extend  the  excavations  nearly  to  the  summit  of  the  hills.”  (That 
is,  having  changed  the  location  of  the  road  to  steep  side-hill  cuttings, 
to  save  first  cost,  and  at  the  expense  of  heavy  subsequent  repairs,  he 
pleads  his  own  wrong-doing  to  justify  his  subsequent  short-comings ; 
in  other  words,  he  can’t  make  proper  slopes  because,  to  save  money, 
he  put  the  road  on  side-hills  where  no  competent  engineer,  acting  in 


12 


good  faith,  would  have  located  it.*)  We  drove  him  from  this  unte- 
nable position — disreputable  for  any  engineer  to  attempt  to  occupy 
— by  quoting  from  subsequent  reports  of  this  same  Pennsylvania 
Central  road,  (pages  21  and  22  of  Gov.  Boutwell’s  argument,) 
showing  that  this  very  model  road  of  his  had  been  obliged  to  spend 
large  amounts  of  money  in  reducing  these  very  slopes  wliicli  Uaupt 
says  were  “ the  best  possible.”  He  attempts  to  evade  the  crush- 
ing effect  of  these  quotations,  by  saying  in  his  reply  to  Gov.  Bout- 
well  : “ The  cuts  referred  to  were  rock,  taken  out  originally  with 
rock  slopes,  but  a rock  that  disintegrated  rapidly,  and  masses  had 
to  be  removed  to  keep  them  from  falling.”  To  this  we  reply,  first, 
that  a competent  engineer  would  have  known  that  the  rock  would 
“ disintegrate  rapidly,”  and  would  have  taken  it 'out  to  proper 
slopes  at  the  time,  and  not  left  the  falling  masses  to  endanger  life 
by  falling  upon  the  track. 

Second.  We  reply  that  the  extracts  disprove  his  statement, 
showing*,  as  far  as  they  speak  of  the  material,  that  it  was  some- 
times “ soft  earth  ;”  sometimes  ‘‘  rock  and  earth  ;”  the  worst  pos- 
sible material,  inasmuch  as  rocks,  carried  down  with  the  earth,  and 
rolling  upon  the  track,  are  much  more  mischievous  and  dangerous 
than  mere  earth-slides. 

We  also  proved,  by  the  testimony  before  the  Governor  and 
Council,  and  by  others,  that  cuts  in  New  England  will  not  stand 
at  a slope  of  one  to  one,  or  an  angle  of  forty-five  degrees ; that  in 
a short  time  all  earth  cuttings  will,  under  the  operation  of  rains 
and  freezing  and  thawing,  take  a slope  of  about  one  and  a half  to 
one,  or  about  thirty-three  degrees — some  soils,  especially  clays, 
even  flatter  than  that — and  that  the  uniform  experience  of  all 
New  England  railroads  has  been,  that  where  cuttings  were  left  at 
a steeper  slope  than  one  and  a half  to  one,  the  earth  has  fallen 
into  the  ditches,  and  has  always  cost  more  to  remove  it  when  thus 
fallen  than  it  would  have  done  to  reduce  the  slope  properly  in  the 
first  instance.  On  this  point  the  testimony  is  uniform,  that  every 
well  conducted  railroad  company  considers  it  cheaper  and  better  to 
finish  the  slo{)es  hefore  opening  the  road  for  trafiic.  Mr.  Whitwell 
very  })roi)erly  decided  that  the  Loan  Act  in  requiring  a ‘‘  substan- 
tially” built  road,  rcipiired  this  sloping  to  be  done.  Mr.  Uaupt 

* \Vli;it,  will  they  do  if  they  should  ever  need  to  lay  a double  track  on  this  side- 
hill  road-be*i  V 


13 


very  wisely,  in  his  closing  argument,  had  very  little  to  say  of  the 
matter  of  slopes. 

2.  Trestle-Work. 

Over  deep  ravines  Mr.  Haupt  had  built  trestle-work  instead  of 
earth  embankments.  He  admits  that  this  was  temporary,  and 
that,  sooner  or  later,  earth  embankments  must  be  substituted  ; 
yet  he  claimed  that  he  must  have  the  whole  of  the  loan  without 
filling  up  the  trestle-work,  leaving  it  for  the  State  to  do  it  after 
he  had  got  his  money.  Mr.  Whitwell  claimed  that  the  work  was 
not  “ substantially  performed”  till  this  earth-work  was  done  ; and 
here,  too,  he  was  sustained  by  the  uniform  testimony  of  the 
experts. 

Besides,  it  was  shown  that  the  trestle-work  was  of  the  most 
unsubstantial  character ; that  Mr.  Haupt  had  never  ventured  a 
locomotive  upon  it,  and  every  expert  gave  it  as  his  opinion  that 
no  prudent  engineer  v)ould  ever  venture  a \ruin  over  large  portions 
of  it. 

We  understand  that  Mr.  Haupt  and  his  friends  are  making 
strenuous  efforts  to  mystify  this  matter  of  the  trestle-work.  They 
say  they  have  not  been  paid  for  it.  Nobody  says  they  have. 
This  is  not  the  point  at  issue. 

If  the  matter  needs  any  farther  explanation,  here  it  is  : Mr. 
Whitwell  found  that  Messrs.  Lincoln  and  Stevenson  had  estimated 
this  trestle-work  as  “ completed  ” road — that  is,  that  in  estimating 
the  whole  amount  of  work  required  to  finish  the  road,  according 
to  the  Act,  Messrs.  Lincoln  and  Stevenson  had  not  included  the 
earth-vwrk  necessary  to  fill  up  these  ravines  as  constituting  any 
part  of  ‘‘  the  whole  work  to  be  done and  upon  their  basis  of 
estimates,  the  whole  of  the  1650,000  would  have  been  paid  over 
to  Mr.  Haupt,  and  this  work  would  have  been  left  undone.  The 
amount  required  to  fill  up  this  trestle-work  would  be  over  100,000 
yards,  costing  some  $20,000  to  $25,000.  Mr.  Whitwell  claims 
that  the  filling  of  these  ravines  forms  just  as  much  a part  of  the 
contract  to  build  a ‘‘substantial”  road  as  any  other  part  of  the 
earth- work  ; and  he  is  therefore  compelled,  by  the  requirements  of 
the  Act,  to  include  this  work  in  “ the  estimated  cost  of  the  whole 
work  and  materials  required  ” to  finish  the  road. 

3.  Rip-Rapping. 

The  embankments  exposed  to  washing  by  the  river  should  be 
rip-rapped,  that  is,  covered  with  loose  rock. 


14 


4.  Bridges. 

Eepairs  of  bridges,  or  making  them  safe,  particularly  that 
over  Green  River.  The  first  and  only  time  this  bridge  was  tried, 
it  broke  down.  Mr.  Haupt  has  labored  very  hard  to  show  that  the 
defect  was  in  some  of  the  material,  which  could  be  remedied  at  com- 
paratively small  expense  ; but  the  best  testimony  went  to  show  that 
the  defects  are  inherent.  Mr.  Vose,  wlio  examined  this  bridge 
carefully,  and  who  is  an  accomplished  and  scientific  engineer,  gave 
it  as  his  unqualified  judgment  that  it  is  impossible  to  make  the 
bridge  safe  by  any  repairs  that  can  be  made ; and  the  cheapest  and 
only  ivay  is  to  pull  it  down  and  build  anew,^’’  No  one  attempted 
to  question  the  correctness  of  this  statement.* 


V 


5.  Culvert  Masonry. 

When  the  trestle-work  comes  to  be  filled,  culverts  will  be 
necessary,  for  which  no  allowance  has  been  made.  These  culverts, 
the  base  of  such  high  embankments  being  very  wide,  will  be 
necessarily  of  heavy  masonry  and  the  cost  large. 

Upon  the  lowest  estimates  of  the  cost  of  these  items,  we  arrive 
at  the  following  as  the  amount  which  must  be  spent  to  make  it  a 
“ substantially”  built  road  ; but  which  Mr.  Lincoln  and  Mr.  Haupt 
leave  for  the  State  to  do  after  the  present  loan  is  gone  : — 


Slopes  to  be  reduced. 

. 

110,000  00 

Trestle-work  to  be  filled 

up. 

20,000  00 

Rip-rapping,  . 

Culvert  masonry,  including 

that 

under 

7,500  00 

trestle-work. 

. 

20,000  00 

Repairs  of  bridges,  . 

. 

10,000  00 

New  bridge  over  Green 

River, 

20,000  00 

Additional  earth. 

. 

9,000  00 

‘‘  rock. 

, 

13,000  00 

“ loose  rock. 

• 

4,000  00 

$113  500 

Now  every  item  of  this  work  is  to  be  done  by  somebody,  and 
every  dolliii-  of  tliis  money  to  be  paid,  before  tlie  road  is  in  a proper 
condition  for  use — the  only  dilference  being,  that  Mr.  Whitwcll 

♦Appendix,  [A.] 


1 


15 


claims  that  the  Loan  Act  requires  tlie  corporation,  that  is,  Mr. 
Haupt,  to  do  it ; while  Mr.  Haupt  claims  the  money  without  doing 
it,  leaving  it  to  be  done  by  somebody  who  shall  turn  up. 

But  this  is  only  a small  item  of  the  amount  which  the  State 
will  be  called  upon  to  pay,  before  the  road  can  be  of  any  use  or 
any  value  as  security. 

When  the  Loan  Act  of  1860  was  passed,  it  was  stated  that 
means  were  expected  from  other  sources  to  pay  for  indispensable 
outlays  for  superstructure  and  equipment.  Hon.  Moses  Kimball 
stated  that  such  was  the  testimony  of  the  advocates  of  the  Act 
before  the  committee.  Among  these  outlays  are  those  for  land- 
damages,  switches,  side-tracks,  turn-outs,  turn-tables,  station- 
houses  and  rolling  stock.  For  these  items  we  take  Mr.  Steven- 
son’s figures,  (statement,  page  8)  which  he  himself  says  are 


Land-damages,  11,000  per  mile, 
Fencing,  19,200  rods,  at  ^1.00, 
Depots,  stations,  fixtures,  cars, 
110,000  per  mile. 

Half  mile  of  road  east  of  tunnel. 
Bridge  across  Deerfield  River,  nt 


. $30,000  00 

. • 19,200  00 

engines,  <fec.,  at 

. 300,000  00 

10,000  00 

ar  tunnel,  . . 10,000  00 


$369,200  00 


The  whole  of  this  is  to  be  provided  by  somebody  after  the  loan 
is  expended.  This  amount  is  to  be  added  to  the  amount  of 
unfinished  work  on  slopes,  etc.,  which  is  $113,500,  giving  a total 
of  $182,700  to  be  provided  by  somebody,  after  Mr.  Haupt’s  con- 
tract is  closed,  before  the  road ‘can  be  opened  for  trafic. 

If  it  should  be  said  that  they  do  not  expect  to  operate  the  road 
themselves,  but  to  lease  it  and  thus  save  the  cost  of  rolling  stock, 
the  answer  is  that  for  the  use  of  the  rolling  stock  of  another 
corporation  they  must  pay  the  interest,  or  more  than  the  interest, 
of  the  cost  of  an  equipment  of  their  own  ; and  thus,  though 
they  might  avoid  immediate  outlay,  nothing  would  be  saved  in 
the  end. 

We  come  now  to  the  provisions  of  the  Act,  and  we  confess,  we 
enter  upon  the  examination  of  the  action  of  the  Committee  with 
amazement,  that,  with  the  facts  which  leaked  out  during  the  hear- 
ing, and  in  the  present  condition  of  the  finances  of  the  State  and 


16 


the  country,  any  ten  gentlemen  in  the  State  could  be  found  to 
recommend  such  an  Act. 

The  Gratuity. 

1st.  They  recommend  that  1150,000  be  paid  to  the  president 
of  tlie  Troy  and  Greenfield  Railroad,  to  be  ‘‘  applied  by  him  in 
satisfaction  of  claims  for  labor,  etc.,  and  other  liabilities  incurred 
before  July  12,  1861,  and  to  relieve  all  attachments,  and  dis- 
charge all  liens  on  said  material ; ” and  if  there  is  any  left,  it 
shall  be  paid  back  into  the  treasury ! This  is  neither  more  nor 
less  than  a gratuity  to  Herman  Haupt  of  1150,000  ; for  every 
dollar  of  this  money  goes  to  him  to  pay  his  debts  for  work  and 
materials,  for  every  dollar's  vjorth  of  ivhich  he  has  already  been 
paid  by  the  Slate  ! Now  notice : 1st,  This  money  is  to  be  paid 
out  by  the  president  of  a corporation  which  has  no  existence 
except  in  the  pocket  of  Herman  Haupt ; to  this  same  Haupt  who, 
by  his  own  votes,  makes  and  unmakes  directors  and  president  at 
his  will.  True,  we  are  happy  to  say,  that  the  president,  Hon. 
Alvah  Crocker,  has  a pretty  large  interest  in  the  enterprise, — 
being,  as  appears  by  a report  of  a legislative  committee,  in  1857, 
the  owner  of  fifteen  shares  of  the  capital  stock,  which  were  made 
over  to  him  ‘‘  for  services,”  the  par  value  of  which  (the  stock, 
not  ‘‘  the  services,”)  is  $1,500.  Still,  ordinary  prudence  would 
suggest  the  propriety  of  referring  claims  of  this  large  amount  to 
some  auditing  board,  whose  independent  position  would  remove 
the  possibility  of  cavil  by  the  ill-disposed. 

2d.  It  would  seem  to  us,  with  all  respect,  that  the  Committee 
travelled  entirely  out  of  their  legislative  province  in  recommend- 
ing this  gratuity.  There  was  no  petition  for  it  from  any  body  ; 
there  was  no  intimation  at  the  hearing  that  any  such  gratuity  was 
dreamed  of,  and  of  course  there  was  no  opportunity  to  scrutinize 
any  such  claims ; and  nobody  knows,  now,  whether  this  money 
will  go  to  the  hard-working  laborers, — from  whom  Mr.  Haupt 
has  withheld  the  money,  beloni^ing'  to  them^  which  he  has  received 
from  the  State, — or  whether  it  will  go  to  pay  for  the  visionary 
and  wretched  cxj)eriments  on  boring  machines  and  “pneumatic 
drills”  the  wrecks  of  which  deform  the  approaches  to  the  tunnel. 
Under  the  terms  of  the  Act  it  may  all  go  to  these  purposes,  as 
these  machines  were  used,  or  attempted  to  bo  used,  “in  carrying 
on  the  work  of  the  Troy  and  Greenfield  Railroad.”  So  far  as  we 


17 


know,  it  is  an  unprecedented  proceeding  for  a Committee  to 
recommend  a gratuity  of  such  an  amount,  for  which  nobody  has 
publicly  asked,  which  was  never  brought  to  the  notice  of  the 
legislature,  and  was  never  made  the  subject  of  inquiry  (ope.nly) 
before  the  Committee. 

3d.  Every  dollar  of  this  money,  (except  that  which  might  be 
paid  for  land  damages,  and  for  them  the  State  was  never  bound 
to  pay,  and  never  agreed  to  pay,  and  for  them  Mr.  Haupt  is 
bound  by  his  contract  to  pay,)  every  dollar  goes  to  satisfy  claims 
which,  if  they  are  honest,  have  been  included  in  the  monthly 
estimates  and  for  every  dollar  of  which  the  State  has  already 
paid  Mr.  Haupt  in  full ! 

If  an  appeal  be  made  to  sympathy  for  laborers  or  sub-contractors, 
the  reply  is,  that  even  if  Mr.  Haupt  refuses  to  pay  them  after  he 
has  received  his  pay  from  the  State  for  them.,  they  have  no  claim 
upon  the  State  to  pay  them  again.  But  the  only  evidence  before 
the  Committee  was,  that  they  had  all  been  paid  in  full.  Mr. 
Harley  testified  before  the  Committee  of  the  Council  (page  22), 
“ that  the  sub-contractors  and  laborers  were  paid  promptly  until 
the  delay  in  receiving  the  June  estimate,  when,  instead  of  paying 
on  the  15th  as  usual,  we  did  not  pay  until  the  28th  and  Mr. 
Haupt  testified  at  this  hearing  that  out  of  the  proceeds  of  the 
last  scrip  received  in  July  he  “ first  paid  the  men  and  the  balance 
he  paid  to  the  Rensselaer  Iron  Company.”  Unless  he  misstated 
the  fact  for  the  sake  of  getting  the  credit  of  paying  the  sub- 
contractors, and  the  laborers,  he  owes  them  nothing  now. 

Section  2d  provides  for  paying  to  Mr.  Haupt  $195,000  for  work 
to  be  done  on  the  road,  being  the  unexpended  balance  of  the 
$650,000.  This  amount,  added  to  the  $150,000  gratuity,  gives 
Mr.  Haupt  $50,000  more  than  he  ever  claimed  under  Messrs. 
Lincoln  and  Stevenson’s  estimates. 

Section  3d,  after  repeating  the  provisions  of  payment  for  the 
tunnel,  adds — 

“ And  if  machinery  should  be  purchased  or  constructed,  or  if  additional 
facilities  be  wanted,  with  the  approval  of  the  governor  and  council,  for  the 
purpose  of  facilitating  the  work  upon  the  tunnel,  or  if  one  or  more  addi- 
tional shafts  or  slopes  should  be  sunk  for  the  same  purpose,  or  machinery 
provided  therefor,  the  cost  of  such  machinery,  shafts  or  slopes,  shall  also  be 
advanced  monthly,  on  the  certificate  of  the  state  engineer,  as  aforesaid, 
together  with  the  necessary  expenses  of  engineering  and  supervision.” 

3 


18 


This  is  a beautifiil  arrangement  for  paying  for  patent  pneumatic 
drills  ! The  only  check  upon  the  expenditure  of  the  whole  of  the 
loan  ill  such  gimcracks  is,  that  the  appropriations  are  made 
subject  to  the  approval  of  the  Governor  and  Council  and  the  State 
Engineer.  As  the  section  stands,  the  approval  of  the  Governor 
and  Council  is  limited  to  the  first  two  clauses  of  the  extract  ; but 
even  if  applied  to  the  whole,  if  Massachusetts  should  again  have 
Governors,  Councils  and  State  Engineers  as  agreeable  as  tliose 
functionaries  were  till  last  year,  this  check  would  be  of  very  little 
account. 

Section  4 provides  that  the  net  earnings  (!)  of  the  road  shall 
first  be  applied  to  the  interest  on  the  State  scrip,  and  the  balance 
to  the  sinking  fund  1 ! And  then,  with  commendable  caution — a 
caution  rendered  necessary  by  the  statement  in  the  Report,  as 
the  most  favorable  view  they  could  present  of  its  income,  that 
“ responsible  parties  stand  ready  to  take  a lease  of  the  road  when 
completed,  at  a rent  which  will  equal  the  interest  of  the  amount 
necessary  to  put  it  in  running  order (and  more  if  the  road  earns 
more  1) — with  commendable  caution  they  provide  that  if  the  net 
receipts  should  not  pay  the  interest  on  the  scrip,  the  State  shall 
PAY  THE  DEFICIENCY  in  casli,  and  take  the  amount  in  the  stock  of 
a corporation  declared  insolvent  by  the  Committee  ! I ! 

One  word  here  in  relation  to  the  above-quoted  assertion  that 
“ responsible  parties  stand  ready  to  take  a lease  of  the  road,  Ac., 
Ac.”  It  is  not  possible  that  the  Committee  could  have  know- 
ingly subscribed  to  that  statement.  Early  in  the  hearing  Mr. 
Haupt  stated  that  Mr.  Swift,  who  is  director  of  the  Vermont  and 
Massachusetts,  and  the  president  of  the  Fitchburg  Railroad,  was 
prepared  to  take  a lease  of  the  road  on  very  favorable  terms  ; and 
that  he  would  lay  before  the  Committee  Mr.  Swift’s  proposition  or 
that  Mr.  Swift  himself  would  present  it. 

But  neither  the  proposition  nor  Mr.  Swift  ever  appeared  ; and 
Mr.  ilaupt  took  good  care  not  to  allude  to  it  again.  We  happen 
to  know  that  Mr.  Swift  was  urged  to  go  before  the  Committee 
and  declined.  We  say  it,  respectfully,  but  decidedly,  there  was 
not  a shadow  of  proof  (^opculy^  to  sustain  the  statement  of  the 
Committee. 


19 


The  Report. 

Such  are  some  of  the  extraordinary  provisions  of  the  Act. 
The  Report  is  hardly  less  extraordinary.  We  approach  the  exam- 
ination far  “ more  in  sorrow  than  in  anger.”  They  have  adopted 
Mr.  Haiipt’s  construction  of  the  law,  in  opposition  to  the  lucid 
and  positive  opinion  of  the  law  officer  of  the  Commonwealth, 
without  giving  the  shadow  of  a reason  for  that  construction ; they 
have  adopted  Mr.  Haupt’s  engineering  theories  against  the  uniform 
statements  of  the  most  eminent  railroad  engineers  and  experts  in 
New  England ; they  have  accepted  Mr.  Haupt’s  assertions  as  to 
the  financial  condition  of  the  enterprise,  past  and  prospective, 
although  contradicted  by  the  whole  experience  of  the  past,  and 
proved  visionary  by  every  disinterested  and  reliable  witness  as  to 
the  future ; and  they  report  a bill,  making  to  Mr.  Haupt  a gratuity 
of  1150,000  for  which  he  never  dared  ask  openly  before  the  Com- 
mittee ; they  autliorize  almost  indefinite  expenditures  for  drills, 
borers,  &c.;  they  make  most  material  modifications  of  previous  Acts, 
all  tending  to  weaken  and  diminish  the  security  of  the  State  and 
benefit  Mr.  Haupt ; and  for  all  these  favors  to  this  adventurer, 
their  Report,  from  beginning  to  end,  does  not  give  one  single 
reason,  or  state  one  single  fact  to  prove  that  the  interests  or  the 
honor  of  the  State  require  that  they  should  be  conferred.  Any 
person  who  should  read  the  Report  would  not  dream  that  such  a 
Bill  could  grow  out  of  it ; and  any  person  who  should  read  the 
Bill  would  look  in  vain  for  any  reasons  in  the  Report  for  it,  or  for 
any  connection  between  the  Bill  and  the  Report.  After  giving 
certain  tabular  statements,  which  contain  all  the  facts  which 
they  have  been  able  to  gather  from  what  they  very  modestly 
call  their  “ long,  patient  and  careful  investigation,”  they  come  to 
this  conclusion  : 

“Your  Committee  are,  however,  of  opinion  that  the  information  thus 
obtained  is  of  little  practical  value,  and  a moment’s  reflection  will,  it  seems 
to  us,  satisfy  the  legislature  that  this  result  was  to  have  been  expected. 

The  original  estimates  of  the  cost  of  the  tunnel  were  based  upon  a work 
of  very  different  character  from  that  actually  commenced — upon  a tunnel 
of  sufficient  size  for  a double  track,  while  the  first  modification  of  the  loan 
Act  allowed  the  corporation  to  construct  a tunnel  of  size  sufficient  for  either 
one  or  two  tracks,  and,  in  fact,  the  work  was  commenced  and  has  thus  far 
progressed  for  a single  track  alone. 


20 


The  expense  attending  the  commencement  of  an  enterprise  like  this — tlie 
experiments  necessary  to  determine  the  manner  the  work  sliould  be  carried 
on — the  sinking  of  tlie  shaft — all  form  part  of  the  actual  cost  of  what  has 
been  done,  yet  can  afford  no  reliable  basis  from  which  ta  determine  future 
cost  when  once  the  work  is  well  under  way. 

With  regard  to  the  road,  the  estimates  seem  purely  conjectural,  and  in 
addition  to  the  difficulty,  not  to  say  impossibility,  of  determining  the  cost  of 
completion,  before  the  damage  from  suspension  can  be  known,  the  fact  that 
each  person  has  estimated  upon  his  peculiar  views  of  the  wants  of  the 
location,  and  the  character  of  the  road  to  be  constructed,  must  compel  the 
legislature  to  decide  upon  details  of  construction  before  deriving  any  benefit 
from  the  information  received.” 

That  is,  we  have  obtained  no  information  of  much  “ practical 
value ; ” we  have  ‘‘  no  reliable  basis  from  which  to  determine 
future  cost ; ” “ the  estimates  seem  purely  conjectural ; ” in  fact, 
we  do  n’t  know  any  thing  about  it ; and,  therefore,  we  give  Mr. 
Haupt  all  he  ever  asked,  and  f 150,000  in  addition  as  a gratuity  ! 

In  the  very  outset,  the  Committee  give  the  whole  case  to  Mr. 
Haupt.  They  say:  “In  their  opinion,  the  true  construction  of 
the  Act  of  1860  required  the  State  Engineer  who  should  be  first 
appointed  under  it,  to  decide  upon  the  quality  of  the  road  to  be 
constructed,  and  to  determine  its  peculiar  characteristics,  and  that 
this  decision  was  properly  subject  to  no  change  except  at  the 
instigation  of  the  Governor  and  Council.” 

Now,  in  the  first  place,  they  cannot  stand  upon  this  doctrine  a 
moment ; for  Mr.  Lincoln  and  Mr.  Stevenson  both  did  make 
changes  repeatedly. 

In  the  next  place,  the  Act  nowhere  gives  the  first  engineer  the 
shadow  of  the  right  to  decide  for  his  successors  upon  the  quality 
of  the  road  to  be  constructed,  or  determine  its  characteristics. 
These  points  the  legislature  settled,  by  declaring  that  the  work 
should  be  “ substantially  performed,”  and  by  instructing  him, 
“ for  any  defective  work  or  materials,”  to  make  proper  deduction. 
The  engineer’s  duty  is  to  ascertain,  from  time  to  time,  whether 
tlie  work  comjdies  with  the  requirements  of  the  Act,  and  to  see 
tliat,  with  the  last  certificate  for  the  $650,000,  the  road  should  be 
“ sul)stantially  ” built. 

Again, — look  at  the  abyurdity  which  this  construction  involves. 
In  tl»c  original  estimate  of  tlie  cost  of  graduation  of  the  road, 
(Mr.  Stev(3nson’s  statement,  jiage  5,)  the  item  of  earth-work  is, 
“IM 0,000  cubic  yards  earth,  at  21  cents,  $71,400.”  Now,  suppose 


21 


that  in  the  progress  of  the  work  it  had  been  found  that  60,000 
yards  of  this  was  solid  rock  ; and  this  is  a not  very  uncommon 
occurrence,  and  to  a greater  or  less  extent  occurs  on  this  road, 
owing  to  imperfect  preliminary  explorations.  This  would  leave 

280,000  yards  of  earth  ; and  the  cost  would  be  as  follows : 

280,000  cubic  yards  earth,  at  21  cents,  . . S58,800 

60,000  cubic  yards  solid  rock,  at  81.05,  . . 63,000 

8121,800 

being  850,400  over  the  original  estimate,  wliich  assumed  the 
whole  340,000  yards  to  be  earth.  Now,  upon  the  doctrine  of  the 
Committee,  that  subsequent  engineers  have  no  power  to  change 
the  estimates  of  the  first  engineer,  there  is  no  power  to  secure 
the  excavation  of  this  rock.  The  contractor  says  he  won’t  do  it 
for  the  price  of  earth-work,  and  the  engineer  says,  I can’t  allow 
any  more ; my  predecessor  has  tied  my  hands.  Mr.  Whitwell 
says,  the  Act  requires  me  to  revise  prices  so  as  to  secure  the  com- 
pletion of  the  work ; otherwise  the  State  loses  the  only  security 
the  Act  provides  for  its  completion. 

‘‘  But,”  says  Mr.  Haupt  to  Mr.  Whitwell,  ‘‘  at  least  pay  me  for 
the  work  done  last  month  at  the  same  prices  as  previously.”  Mr. 
Whitwell  replies : “ No  ; the  Act  makes  it  my  duty  to  give  my 
certificate  for  the  scrip  ‘ in  the  proportion  which  the  value  of  the 
work  done  and  the  materials  delivered  last  month  bears  to  the 
estimated  cost  of  the  vjJwle  work  and  materials  required;’’  and  I 
must  graduate  my  scale  of  prices  for  the  whole  work/^wsi  as  I 
should  have  done  at  the  commencement  of  the  work,  had  we 
known  that  this  60,000  yards  was  rock.”  It  is  too  clear  to  need 
argument  or  illustration,  except  to  the  wilfully  blind,  that  just 
this  and  nothing  else  was  what  the  Act  required. 

The  Committee  say  : — 

“ All  the  evidence  submitted  to  the  Committee,  possibly  excepting  the 
statements  of  a single  gentleman,  tended  to  show  that  the  completion  of  the 
work  would  find  the  State  in  possession  of  adequate  security  for  the  full 
amount  of  the  $2,000,000  loan,  and  whatever  interest  might  be  required 
thereon  beyond  the  amount  received  from  the  corporation  during  the 
progress  of  the  work.” 


22 


Now,  we  affirm  that  there  was  not  a particle  of  evidence  sub- 
mitted {o})enly')  to  show  that  the  road,  when  completed,  could 
possibly  pay  its  running  expenses,  nor  were  any  responsible  party 
or  parties  produced  wlio  would  take  a lease  of  the  road  and  pay 
one  dollar  towards  the  interest  on  the  State  loan. 

Again,  the  Committee  say,  (Report,  page  4)  “ tlic  contractors 
have  expended  in  cash  and  incurred  liabilities  to  an  amount 
exceeding  $350,000.”  Such  statements  are  amazing.  They 
prove,  either  that  the  report  was  not  written  by  the  Committee, 
or  that  it  was  made  up  from  private  communications  to  the 
Committee ; for  we  say,  without  fear  of  contradiction,  that  no 
such  fact  was  proved,  no  such  fact  was  asserted,  no  such  fact  was 
alluded  to  at  the  public  hearing.  It  is  pure  fiction,  so  far  as 
any  thing  that  occurred  puhliclij  is  concerned. 

The  Faith  of  the  State! 

The  Committee  proceed — 

“ But  there  is  another,  and,  to  the  minds  of  the  Committee,  graver  light 
in  which  this  question  should  be  viewed.  Commencing  in  1854,  repeated 
legislation  has  settled  the  policy  of  the  State  respecting  this  enterprise. 
Regarding  the  good  faith  of  the  Commonwealth,  it  can  hardly  be  now  con- 
sidered an  open  question.  To  the  extent  of  a loan  of  $2,000,000,  the 
State  faith  is  pledged  to  the  aid  of  the  work.” 

Tliis  is  purely  a gratuitous  assumption.  In  1854,  the  State 
granted  a loan  of  its  credit’for  $2,000,000  upon  certain  conditions. 
We  have  elsewhere  shown  how  gradually  those  conditions  have 
been  changed,  not  on  account  of  “ the  imperfection  of  previous 
legislation,”  but  solely  for  the  benefit  of  the  corporation,  that  is, 
of  JJerman  Ilaupt.  Time  and  again  the  State  has  been  relieved, 
liy  tlie  failure  of  the  corporation  to  fulfil  its  part  of  the  contract, 
from  every,  even  the  slightest  obligation  to  carry  out  hers.  But 
sbe  lias  never  availed  herself  of  this  undoubted  right.  On  the 
other  hand,  she  has  relaxed  the  conditions,  released  her  security, 
and  continued  her  aid;  and  it  comes  with  an  ill-grace  for  the 
paidy  wliiidi  has  never  complied  with  one  single  one  of  the  stipu- 
lations of  the  contract,  to  impute  bad  faith  to  the  State  which 
has  scrupulously  fulhled  all  hors,  and  generously  relinquished 
her  clear  rights  for  the  benefit  of  the  defaulting  parly.  • There  is 


23 


not  a respectable  lawyer  in  the  State  who  would  not  say  that  there 
has  not  been  a day  for  the  last  five  years  when  the  Commonwealth 
had  not  the  indubitable  right,  legally  and  equitably,  to  take 
possession  of  the  road  and  foreclose  the  mortgage  for  breach  of 
conditions. 

We  notice  only  one  passage  more  of  the  Report.  It  is  the  allu- 
sion to  Mr.  Daniel  L.  Harris,  on  page  7.  A citizen  of  Massachu- 
setts, feeling  a just  pride  in  the  dignity  which  characterizes  the 
reports  of  committees  of  our  legislature,  would  rather  turn  away 
from  so  humiliating  a page.  We  would  not  refer  to  it  now  were 
it  not  that  it  illustrates  so  strikingly  how  malignant  was  tlie 
influence  which  dominated  the  Committee.  Mr.  Harris,  as  the 
Committee  themselves  state,  was  their  own  witness.  Sitting  in  a 
judicial  capacity,  they  summoned  him  as  an  expert.  (See  Mr. 
Babson’s  communication  to  Mr.  Harris.)  A lawyer  can  hardly 
do  a more  disreputable  act  than  to  attempt  to  discredit  his  own 
witness.  We  shall  not  insult  Mr.  Harris  by  entering  into  any 
defence  of  a gentleman  of  his  professional  and  social  position 
against  the  aspersions  and  sneers  of  the  Report.  It  distorts  the 
facts  in  regard  to  Mr.  Harris’s  examination  of  the  road,  which 
occupied  several  days,  and  was  minute  and  thorough,  and  not  an 
item  of  which  was  shaken  by  the  scrutiny  to  which  Mr.  Haupt 
subjected  it  before  the  Committee ; and  the  attack  upon  Mr. 
Harris  was  too  evidently  dictated  by  an  enemy  who  skulks  behind 
a screen  which  should  not  be  prostituted  to  such  a purpose — 

“ Willing  to  wound  and  yet  afraid  to  strike.” 

No  man  with  a proper  self-respect  will  ever  go  before  a legisla- 
tive committee  upon  a matter  of  public  policy,  if  such  an  outrage 
is  allowed  to  pass  unrebuked. 

We  come  now  to  speak  of  Mr.  Haupt’s  connection  with  this 
enterprise  and  to  examine  some  of  his  statements. 

Mr.  Haupt’s  Disinterestedness. 

Mr.  Haupt  makes  great  parade  of  his  sacrifices  in  carrying  on 
this  work.  Now  there  has  never  been  produced  a tittle  of  evidence 
to  show  that  he  has  ever  put  a single  dollar  into  this  work  in 
addition  to  what  he  has  received  from  the  State,  or  from  other 
sources.  On  the  other  hand,  it  is  capable  of  absolute  demonstra- 
tion that  he  has  received  some  hundreds  of  thousands  of  dollars 


24 


more  than  the  work  could  have  been  done  for,  if  well  managed, 
and  contracts  properly  made.  How  much  money  he  may  have 
squandered  in  visionary  experiments,  or  wild  speculations,  I 
don’t  know  and  don’t  care  ; but  I do  aflirm  that  he  lias  received 
large  amounts  for  the  work,  more  than  it  would  cost  if  conducted 
by  a competent  engineer,  and  an  honest  -man.  Ilere  are  the 
figures,  and  they  cannot  be  gainsaid. 

We  copy  from  a note  appended  to  Mr.  Harris’s  statement  to  the 
Committee,  now  in  print.  Mr.  Haupt  may  blackguard  Mr.  Harris, 
but  he  cannot  dispute  his  figures: — 


Estimated  expenditure  and  liabilities  incurred  in  working, 
thus  far,  the  eastern  division  of  the  road,  from  Greenfield 

to  the  tunnel,  . $410,000  00 

The  railroad  company,  in  their  petition  to  the  legislature,  in 
January,  1856,  state  that  the  gradation  and  masonry  on  that 
part  of  the  road  between  North  Adams  and  Williamstown 
are  so  far  advanced  “that  a further  outlay  of  $10,000  will 
prepare  the  same  for  the  superstructure.”  This  superstruc- 
ture would  cost  some  $45,000.  To  cover  ail  contingencies, 
call  the  expenditures  made  on  this  section  of  the  road,  at 
the  charge  present  contractors,  .....  100,000  00 

The  actual  cost  of  the  Southern  Vermont  section  of  the  road 

did  not  exceed, 90,000  00 

Estimated  amount  expended  in  excavating 

and  propping  up  the  tunnel,  . . . $141,250  00  . 

Probable  cost  of  the  approaches  and  shaft  of 

ditto, 27,000  00 

168,250  00 

Total, $768,250  00 

Against  these  expenditures  the  Commonwealth  has  advanced 
scrip  as  follows  : — 

Dll  the  eastern  division,  ....  $505,000  00 

On  the  North  Adams  and  Williamstown  sec- 
tion, say  one-half  of  the  first  instalment  paid 


on  road  and  tunnel,  . . . . 

( )n  the  Southern  Vermont  section  of  six  miles. 
On  tlie  tunnel,  about  . . . . . 


50,000  00 
200,000  00 
170,689  00 

925,389  00 


Ihdance,  . . . . . 

Ami  tin;  towns  along  tin*,  line  have,  paid 


.$157,139  00 
. 125,500  00 


Making  total  rccei)»tH  beyond  the  estimated  cost  of  work  done,  $282,639  00 


25 


Similar  statements  have  been  previously  made.  Mr.  Kimball 
called  upon  Mr.  Haupt  to  state  the  cost  of  work  done.  He 
declined,  and  asked  that  the  interrogatories  should  be  put  in 
writing.  This  was  done,  and  he  refused  to  answer.  We  tried 
to  get  the  information  from  him  this  winter,  and  he  refused,  and 
the  Committee  sustained  him  in  that  refusal, — as,  indeed,  they 
did  in  every  thing  else.  We  asked  for  the  books,  and  the 
Committee  decided  that  we  had  no  right  to  examine  them  ! 

It  was  so  all  the  way  through.  If  we  asked  a question  of 
Herman  Haupt,  the  engineer,  the  answer  would  be,  that  that  was 
a matter  connected  with  the  contractors’  department.  If  we 
asked  for  information  relating  to  the  work,  Mr.  Haupt  shielded 
himself  behind  his  prerogative  as  the  agent  or  representative  of 
the  corporation.  There  was  a dodge  for  every  question,  and  a 
quibble  or  an  evasion  for  every  scrutiny ; until,  finding  that  the 
‘‘investigation”  took  only  such  a direction  as  Mr.  Haupt  indicated, 
and  that  the  conclusion  was  from  the  start  foregone,  we  gave  up 
in  despair  of  any  good  result  from  the  hearing,  and  only  continued 
the  farce  so  as  to  preserve  a status  in  court,  and  retain  the  right 
of  appeal. 

We  repeat,  Herman  Haupt  has  never  produced  vouchers  to 
show  that  the  fair  value  of  the  work  done  does  not  fall  nearly  three 
hundred  thousand  dollars  short  of  what  he  has  received  of  the 
money  of  the  people  of  Massachusetts, — of  the  people  of  Norfolk, 
and  Barnstable,  and  Nantucket.  This  charge  has  been  heretofore 
made  by  responsible  parties,  and  is  now  repeated  ; and,  until  he 
meets  it  with  something  more  than  sneers,  he  must  not  boast  of 
his  sacrifices  for  the  great  enterprise. 

Take  another  fact  as  to  Mr.  Haupt’s  disinterestedness.  In 
February,  1858,  Mr.  Haupt  made  a contract  with  the  corporation 
(House  Doc.  1860,  No.  185,  page  51,)  by  which  they  transfer  to 
Mr.  Haupt  the  entire  property  of  the  corporation,  with  all  sub- 
scriptions, present  and  prospective,  and  agreeing  that  he  shall 
have  all  the  State  loans  to  build  the  tunnel,  and  in  addition  two 
millions  of  dollars  to  build  the  road;  viz.,  $900,000  in  mortgage 
bonds,  and  the  balance  in  cash,  if  they  could  raise  it,  or  in  stock. 
Now  here  are  $4,000,000  in  addition  to  what  he  could  get  from 
other  sources.  Now  Mr.  Haupt’s  friends  have  affirmed  over  and 
over  again,  that  the  road  and  tunnel  would  not  cost  over 
$2,100,000.  Here,  then,  he  would  receive,  as  contractor, — 

4 


As  above, 

From  towns,  . 
Gratuity  this  year,  . 


26 


$4,000,000  00 
125,000  00 
• 150,000  00 


$4,275,000  00 

for  work  which,  according  to  his  friends,  could  not  cost  him  over 
$2,100,000.  If  he  finds  committees  as  amiable  hereafter  as  he 
does  this  winter,  he  will  add  a few  more  gratuities  of  $150,000  to 
that  pile. 


Massachusetts’  Bad  Faith. 

Evidently  nettled  by  governor  Boutwell’s  criticisms  upon  his 
charge  of  bad  faith  on  the  part  of  the  State,  Mr.  Haupt  attempts 
to  throw  off  the  odium  of  that  charge  upon  the  Committee  of 
the  Council.  He  says : “ according  to  the  testimony  of  the 
Committee  of  Council  themselves,  the  State  of  Massachusetts 
through  her  agents  has  acted  towards  us  in  violation  of  good  faith 
and  repaid  our  confidence  and  zeal  with  parsimony  and  injustice.” 
That  won’t  do.  That  committee  has  sins  and  follies  enough  to 
answer  for,  but  they  did  not  say  what  Mr.  Haupt  puts  in  their 
mouths.  This  is  what  tlie  Committee  said — “ It  is  our  opinion 
tliat  the  good  faith  of  the  State  was  lawfully  pledged  by  the  first 
engineer.” 

Mr.  Haupt  represents  them  as  having  said  in  addition  ; “ and 
repaid  our  confidence  and  zeal  with  parsimony  and  injustice'^ 
For  tills  base  libel  upon  Massachusetts  we  hold  him  responsible. 
Again,  in  his  letter  to  D.  N.  Carpenter,  Esq.,  Oct.  4,  1861,  he  says, 
([lage  7)  : ‘‘  Can  it  be  wondered  at  if  I should  be  almost  tempted 
to  believe  that  honesty^  public  spirit  and  good  faith  had  bid  adieu 
to  Massachusetts^  and  tliat  practical  Christianity  has  only  been 
exliibitcd  in  the  fact  tliat  I and  my  associates  came  to  the  State  as 
strangers  and  were  taken  in 

Again  in  his  communication  to  the  Committee  this  winter,  dated 
.January  ‘11,  jiage  11,  he  says:  “ We  expected  when  we  came  to 
Massschusetts  that  obligations  contracted  by  her  people,  her  cor- 
porations and  hei’  agents,  would  be  carried  out  honorably^  fairly ^ 
and  with  liberal  construction,  leaning  towards  us  rather  than 
against  ns ; that  her  State  authorities  would  be  disposed  to  help 
onr  elforts  to  comidete  a great  work,  from  which  Massachusetts, 


27 


not  ourselves,  was  to  derive  the  chief  benefits,  rather  than  throw 
impediments  in  our  way ; but  ive  have  been  mistaken^  and  expect 
to  pay  for  our  temerity  and  misplaced  confidence  by  the  loss  of 
property.”  And  this  is  said,  by  this  adventurer,  of  a State  and 
people,  'f 300,000  of  whose  money  has  gone ‘into  his  pocket  unac- 
counted for  ! 

Who  Practiced  Bad  Faith? 

Let  us  look  at  another  transaction  of  Herman  Haupt’s  to  illus- 
trate his  right  to  lecture  the  State  and  people  of  Massachusetts 
upon  honor  and  good  faith. 

When  Mr.  Whitwell  gave  to  Mr.  Haupt  the  certificate  for  work 
and  materials  in  June,  he  included  in  it  2,800  tons  of  iron  repre- 
sented to  have  been  delivered  to  the  corporation.  It  turned 
out  that  he  was  deceived  as  to  the  delivery  of  a part  of  the 
iron.  About  800  tons  was  in  transitu — not  actually  placed 
upon  the  premises  of  the  Troy  and  Greenfield  Railroad,  and  was 
afterwards  attached  by  sundry  parties  for  debts  due  them  by  Her- 
man Haupt.  The  certificate  was  issued  on  July  9th;  the  iron 
was  attached  on  July  11th  ! How  happened  it  that  an  attaching 
process  should  come  from  Troy  so  rapidly  ? It  may  be  explained 
by  the  fact  that  the  attorney  of  the  Troy  Iron  Works  is  also  the 
attorney  of  Herman  Haupt ! * 

Mr.  Haupt  testified  before  the  Committee  that  from  the  proceeds 
of  the  scrip  issued  upon  Mr.  Whitwell’s  certificate,  about  190,000, 
he  first  “ paid  the  men  ” (though  he  says  now  he  did’nt  pay 
them  and  asks  this  gratuity  of  $150,000  to  enable  him  to  do  it) — 
he  ‘‘  first  paid  the  men,  and  the  balance  he  paid  to  the  Rensselaer 
Iron  Company,  telling  them  he  hdidi  stopped  the  workl^’’  Upon 
that  gentle  hint  they  acted,  and  attached  not  only  this  lot,  but 
the  whole  2,800  tons  of  iron  on  the  road,  and  Massachusetts  has 
got  to  fight  for  it,  and  perhaps  lose  the  whole  ! 


* We  find,  upon  inquiry  at  the  State  Treasurer’s  office,  that  the  exact  dates 
of  issuing  the  scrip  give  to  the  transaction  a still  darker  character.  The  scrip 
was  issued  as  follows  : $38,000  on  July  10th ; $55,000  on  July  11th,  and  $500 
on  July  12th.  Of  course,  there  could  have  been  no  communication  with  the 
Iron  Company  at  Troy.  The  transactions  were  strictly  contemporaneous,  or 
rather  simultaneous.  Mr.  Haupt’s  attorney  is  also  the  Iron  Company’s  attorney. 
He  receives  the  scrip  from  Mr.  Haupt,  pays  it  over  to  himself  as  agent  of  the 
L-on  Company,  and  issues  the  writ  of  attachment  all  In  one  day  ! 


28 


Now,  look  at  tlie  transaction.  Here  were  some  45,000  dollars’ 
worth  of  iron,  which  he  represented  to  Mr.  Whitwcll  as  delivered 
to  the  corporation  ; he  got  the  money  from  the  State  for  every 
pound  of  it,  and  then  gave  to  the  Renssalaer  Iron  Company  infor- 
mation which  he  knew  would  lead  them  to  attach  it,  and  force 
the  State  into  litigation  to  recover  its  property.  That  may  be 
“ practical  Christianity”  in  Pennsylvania  ; but  here,  the  perpetra- 
tion of  so  base  an  act 

“ Should  put  in  every  honest  hand  a wliip, 

To  lash  the  rascal  naked  from  the  State.” 

Here  is  another  transaction  which  shows  what  kind  of  faith  has 
been  kept  with  the  Commonwealth.  On  May  26, 1858,  (see  Kim- 
ball’s Report,  page  59,)  at  a meeting  of  the  directors  of  the  Troy 
and  Greenfield  Railroad  Company,  it  was 

“ Voted^  That  whereas,  it  has  been  agreed  between  II.  Haupt 
& Co.,  and  the  Rensselaer  Iron  Works  of  Troy,  that  the  party 
furnishing  the  iron  shall  retain  the  ownership  of  the  same  after 
it  shall  have  been  laid  upon  the  road^  until  it  shall  have  been  actu- 
ally paid  for,  the  president  is  hereby  authorized  to  indorse  upon 
the  contract  the  approval  of  this  arrangement  by  the  Troy  and 
Greenfield  Railroad  Company R Now,  note  thatdhe  now  existing 
contract  between  Haupt  and  the  corporation  was  made  in  Feb- 
ruary, 1858,  so  that  this  vote  of  the  directors  applies  to  this 
contract,  and  is  in  force  at  the  present  time. 

On  July  11,  1861,  the  Rensselaer  Iron  Company  attached  the 
whole  iron  previously  sent,  stated  in  the  writ  as  2,900  tons,  of  the 
value  of  f 175, 000.  Under  this  vote  of  the  corporation,  they  can 
hold  every  pound  of  it,  provided  Haupt  owes  them  that  amount, 
although  the  State  has  paid  Haupt  for  every  rail.  How  much  he 
owes  the  Rensselaer  Company,  nobody  knows.  He  admitted 
helbre  the  Committee  that  he  owed  them  some  seventy  odd  thou- 
sand dollars.  How  much  more,  remains  to  bo  seen.  The  ad 
damnum  of  the  writ  is  j)ut  at  120,000  ! 

W'e  now  see  liow  des])erate  was  the  extremity  whicli  drove  him 
to  ask  tlie  (Jommittce,  (as  we  assume  lie  did,  privately — he  never 
(lid,  publicly,)  to  make  liim  a [ireseiit  of  ttl50,000,  and  wo  see 
wb(*i-(‘  a large  poi-tiou  ol‘  tliis  $150,000  must  go.  l>y  the  terms 
of  the  contract,  and  the  vote  of  tlie  corporation,  this  iron  belongs 


29 


to  the  Rensselaer  Iron  Company,  until  it  is  paid  for  in  full.  Of 
course,  they  will  not  discharge  tlieir  attachment  until  tliey  have 
received  the  uttermost  farthing  of  Mr.  Haupt’s  debt  to  them. 

We  understand  that  Mr.  Haupt  now  says,  that  this  contract  only 
applied  to  iron  delivered  west  of  the  mountain  and  is  not  now  in 
force.  We  have  to  say  : 

1st.  By  the  terms  of  the  vote,  it  applies  to  all  iron  delivered, 
as  well  for  the  road  east  of  the  mountain  as  west. 

2d.  Nobody  pretends  that  the  vote  has  been  rescinded  by  the 
corporation,  and  if  it  has  been, 

3d.  Such  rescinding  vote  is  invalid  unless  accepted  by  the 
Rensselaer  Iron  Company. 

The  matter  is  of  such  importance  that  we  must  be  excused  from 
taking  the  statements  of  the  party  in  interest  against  the  record. 

But  Mr.  Haupt’s  friends  argue  that  the  fact  of  the  Rensselaer 
Company  attaching  the  property  proves  that  they  do  not  claim  the 
iron  under  that  contract.  It  may  be  on  the  other  hand,  that  the 
attachment  was  laid  to  cover  a possible  defect  of  title  under  that 
lien. 

Again,  it  is  urged  by  his  friends  that  the  attachment  is  of  itself 
a waiver  of  all  claim  under  that  contract  and  voids  it.  This  is  a 
nut  for  the  lawyers  to  crack.  If  it  be  so,  then  the  Iron  Company 
will  hold  only  under  their  attachment.  Either  way,  it  shows  how 
false  has  been  the  faith  towards  the  Commonwealth.  If  the 
contract  holds,  it  proves  that  Haupt  received  of  the  State,  pay  for 
iron  which  he  knew  belonged  to  tlie  manufacturers.  If  the 
attachment  holds,  it  must  be  remembered  that  it  was  laid  after 
Haupt  had  received  pay  for  it  of  the  State  and  in  consequence  of 
information  which  he  or  his  attorney  communicated  to  the  Iron 
Company  or  their  attorney. 

As  an  illustration  of  the  fraudulent  and  swindling  nature  of  the 
management,  look  at  this  fact:  To  be  entitled,  under  the  Act  of 
1854,  to  receive  a part  of  the  State  loan,  they  were  to  procure  a 
subscription  of  §600,000,  of  which  twenty  per  cent,  was  to  be  paid 
in.  Mr.  Haupt  paid  the  assessment  of  twenty  per  cent,  on  his 
5,000  shares  by  “ procuring  §100,000  of  bank  bills  in  packages,  to 
be  immediately  returned,  without  the  intention  that  the  hilts  should 
become  the  property  of  the  contractors^  and  the  contractors  handed 
them  to  the  treasurer  of  the  company,  who,  as  he  testified,  took 
them,  credited  §100,000  on  the  stock  book^  and  then  handed  the 


30 


money  hack  to  the  contractors^  by  whom  it  was  rotiirned  where  it 
belonged!!”  (the  cashier  being  present  to  keep  watch  of  his 
money  and  to  receive  it  hack  after  it  had  gone  tliroiigh  tlie 
ceremony  !)  And  this  was  sworn  to  as  a bona  fide  payment  of 
assessments.  By  sucli  disreputable  thimble-rigging  was  the  State 
swindled  out  of  the  first  instalment  of  the  scrip.* 

Mr.  Haupt  enforces  his  piteous  appeal  for  sympathy  by  charging 
that  Mr.  Whitwell,  by  his  withholding  of  what  he  claims  is  due 

Stopped  the  Work. 

In  reply  to  this,  in  addition  to  the  proof  we  have  given  elsewliere 
that  Haupt  has  received  for  the  entire  work  some  $300,000  more 
than  it  should  have  cos£,  at  fair  prices,  we  have  to  say,  that  all  the 
facts  go  to  show  that  Mr.  Haupt  had  received  from  Mr,  Whitwell 
several  thousand  dollars  more  than  he  was  entitled  to  even  on  his 
and  Mr,  Lincoln’s  basis.  Taking  the  figures  of  Mr.  Harley, 
(Mr.  Haupt’s  engineer,)  allowing  all  that  he  claimed,  making  no 
deductions  for  slopes,  trestle-work  or  any  thing  else,  the  very 
highest  amount  he  can  show  as  belonging  to  him,  over  and  above 
what  Mr.  Whitwell  allowed  him,  is  $61,000.  Now,  Mr.  Whitwell 
paid  him  $45'000  for  iron  which  was  not  delivered,  and  over 
$20,000  for  bridges  estimated  and  paid  for  as  finished  which  were 
not  finished.  Here  are  over  $65,000  which  Mr.  Haupt  has  re- 
ceived for  materials  which  he  had  not  furnished  ; being  four 
thousand  dollars  more  than  the  highest  amount  he  can  claim  for 
work  done  and  materials  furnished,  and  yet  lie  talks  about  being 
compelled  to  suspend’the  work  by  the  unjust  withholding  of  money 
which  justly  belonged  to  him  ! 

Stopped  the  vjork  I’’  Why,  Mr.  Haupt  admitted  before  the 
Committee,  that  he  owed  the  Rensselaer  Iron  Company  over 
$70,000,  (every  dollar  of  which  he  had  received  from  the  State,) 
and  how  much  more,  we  shall  not  know  till  the  suit  pending  under 
their  attachment  is  tried  ; how  much  he  owes  the  sub-ccntractors, 
nobody  knows.  Upon  the  usual  rule  of  withholding  from  sub- 
contractors twenty-five  per  cent,  as  security  for  the  completion  of 
the  work,  he  cannot  owe  them  less  than  $50,000  or  $60,000  ; 
so  that  liis  delits  for  the  road  must  amount  to  a good  deal 
nioi’c  than  his  highest  claim  of  Mr.  Whitwell.  Indeed,  the  Coin- 


* A]»j)emli.\,  [Ih] 


31 


mittee,  by  giving  him  fl50,000  to  pay  his  debts,  admit  that  he 
cannot  get  along  without  that  sum.  And  yet  he  talks  about  Mr. 
Whitwell’s  stopping  the  work  1 

The  Troy  and  Greenfield  Railroad  Company  a Myth! 

Hon.  Moses  Kimball,  in  his  statements  at  the  hearing,  pro- 
nounced the  corporation  a myth.” 

If  any  proof  of  the  utterly  mythical  character  of  the  corporation 
be  necessary,  it  will  be  found  in  Mr.  Kimball’s  Report.  Read 
the  contract  made  with  Mr.  Haupt,  Feb.  18, 1858.  By  this  con- 
tract the  whole  of  the  property  of  the  corporation  is  made  over  to 
him — State  scrip,  subscriptions,  every  thing ; the  only  consideration 
it  receives  in  return  is,  Mr.  Haupt’s  promise  to  pay  to  the  corpo- 
ration ‘‘  annually^  the  sum  of  not  less  than  five  hundred  dollars^  to 
defray  the  necessary  expenses  of  organization  and  of  printing.”  So 
helpless  and  hopeless  is  the  condition  of  the  corporation,  that  it  con- 
fesses itself  the  stipendiary  of  its  contractor,  and  “ borrows  leave 
to  be  ” by  transferring  to  an  irresponsible  “ stranger  ” (as  he 
declares  himself)  the  absolute  control  of  its  franchise  and  of  two 
millions  of  dollars  of  State  scrip,  if  he  will  only  promise  them  five 
hundred  dollars  annually  to  pay  their  printers’  bills ! And  for 
his  performance  of  the  contract  they  take  not  the  slightest  security. 
The  uniform  practice  of  well-conducted  railroad  companies  is,  to 
pay  to  contractors  only  seventy-five  per  cent,  of  the  contract  price, 
reserving  twenty-five  per  cent,  as  security  till  the  work  is  finished. 
There  is  no  precaution  of  this  kind  here— nothing  to  prevent  his 
abandoning  the  work  at  any  moment  when  he  finds  it  his  interest 
to  leave  it. 

To  illustrate  still  further  how  completely  Haupt  owns  the  cor- 
poration, bear  in  mind  that  Haupt  holds  5,987  shares  of  the  stock, 
and  all  others  1,679  .shares ; so  that  Haupt,  as  (nominal)  stock- 
holder, holds  nearly  four  times  as  many  shares  as  all  others,  and 
he  chooses  directors,  president,  treasurer  and  all. 

The  holders  of  these  1,679  shares  are  the  only  bona  fide  stock- 
holders, for  they  are  the  only  ones  who  have  paid  a dollar  of 
assessments.  Mr.  Haupt  has  never  paid  a dollar  in  easily  or  even 
in  any  thing  equivalent  to  cash.  He  pretended  to  pay  in  work  ; 
(see  Mr.  Kimball’s  Report,  pages  16,  Ac.,)  but  in  consideration 
of  a subscription  of  1600,000  to  the  stock,  three  hundred  thousand 
dollars  was  added  to  his  contract ! 


32 


If  any  should  be  deceived  into  the  notion  tliat  the  State  has  any 
security  or  any  control  by  having 

Four  State  Directors, 

as  proposed  by  the  bill,  a moments  reflection  will  show  how 
shallow  a sham  that  proposition  is.  If  the  State  chose  every  one 
of  the  directors,  she  would  have  no  more  control  over  any  of  tlie 
affairs  of  the  corporation  than  she  has  over  the  counsels  of  the 
king  of  Dahomey.  No  board  of  directors  can  go  behind,  or  change 
any  of  the  provisions  of  the  contract  of  February,  1858,  without 
the  consent  of  Herman  Haupt.  Indeed,  that  contract  is  irrevoca- 
ble and  perpetual;  and  there  is  no  power  on  earth  that  can  take  the 
control  of  the  corporation  out  of  his  hands,  except  the  Common- 
wealth as  7nortgagee^  foreclosing  for  breach  of  conditions.  The 
directors,  whoever  they  are,  whether  chosen  by  the  State  or  by 
Haupt,  have  nothing  to  do,  and  can  do  nothing,  but  register  the 
edicts  of  Herman  Haupt. 

As  further  proof  of  the  entire  abandonment  of  the  enterprise  into 
Haiipt’s  hands,  it  is  noticeable  that  not  a single  person  from  the 
line  of  the  road  appeared  before  the  Committee.  (Mr.  Abercrom- 
bie was  summoned  as  State  director,  at  our  request.)  One  of  the 
original  friends  of  the  tunnel,  residing  in  this  city,  happened  to 
be  present — a gentleman  of  singularly  upright  and  earnest  char- 
acter, warmed  with  the  beautiful  enthusiasm 

“ Of  one  whose  nature,  vision-bowed, 

Clasps  a god  in  every  cloud, — ” 

and  charmed  the  audience  with  rose-colored  sketches  of  the  teem- 
ing wealth  of  the  West,  pouring  into  Boston  through  an  auger- 
hole  fourteen  feet  wide  by  eighteen  feet  high,  under  the  Hoosac 
Mountain ! 

“ Of  such  stud'  dreams  arc  made  I” 

Not  another  person  appeared  in  behalf  of  the  enterprise.  In- 
deed, tliere  was  no  occasion  for  any  of  them.  Mr.  Haupt’s  aim 
evidently  was  to  pi’event  investigation,  and  in  that  he  succeeded 
j‘emarkal)Iy  well.  Fvery  attempt  we  made  at  thorough  investiga- 
tion was  resisted,  and,  generally,  successfully;  and  what  little 
facilities  were  allowed  us  were  only  extorted  by  hard  work,  and 


33 


granted  only  after  long  delay,  and  because  refusal  would  clearly 
damage  Mr.  Haupt’s  case. 

Let  us  look  at  Mr.  Haupt’s  comparison  with  the 

Western  Railroad. 

Mr.  Haupt,  in  his  opening  statement,  introduces  a deceptive 
statement  relating  to  State  aid  to  the  Western  Railroad.  He  does 
not  dare  to  put  upon  paper  a comparison  between  the  loans  to  the 
two  roads  and  the  relative  security.  We  will  make  the  com- 
parison. 

The  Western  Railroad  was  chartered  in  1833.  In  1836,  the 
State  subscribed  for  f 1,000,000  of  the  stock,  and  the  condition 
was,  that  assessments  should  be  paid  by  State  and  by  private 
subscribers, In  1837,  the  stockholders  had  paid  in 
1262,000,  and  the  State,  1100,000.  In  1838,  the  stockholders 
had  paid  in  1102,530 ; the  State,  1200,000.  In  the  same  year, 
the  State  loaned  its  credit  for  $2,100,000,  to  be  paid  in  instal- 
ments in  proportion  to  payments  by  stockholders.  In  February, 
1839,  stockholders  had  paid  in  $580,555 ; the  State,  $300,000  on 
subscription  and  $524,444  as  instalments  of  the  loan.  In  October 
of  that  year,  the  road  was  opened  to  Springfield,  and  from  that 
time  the  earnings  were  applied  to  reduce  the  interest  until  1842, 
when  the  nett  income  was  more  than  sufficient  to  pay  the  interest 
on  the  scrip. 

The  figures  of  Mr.  Haupt’s  table,  on  page  28  of  his  statement, 
are  purely  imaginary.  As  stated  above,  the  stockholders  had  paid 
in,  in  cash,  $580,555  when  the  State  had  advanced  $824,444, — 
that  is,  $300,000  on  assessments  and  $524,444  of  the  loan, — and 
this  was  the  worst  condition  the  State  was  ever  in,  as  regarded 
that  road ; for,  after  that,  the  road  was  earning  money  enough  to 
show  that  the  enterprise  was  beyond  all  hazard  of  loss  to  the 
State ; and  Mr.  Haupt  dares  to  say,  that  when  stockholders  had 
“paid  or  secured”  $600,000,  “the  State  had  paid  $3,700,000”! 
The  State  never  paid  a dollar  except  in  the  proportion  as  pre- 
viously stated.  Issue  of  scrip  was  made  in  all  cases  conditioned 
upon  cash  subscriptions  actually  paid  into  the  treasury  of  the 
corporation  by  the  stockholders. 

Now  compare  these  facts  with  those  in  the  tunnel  case.  Only 
$66,000  have  ever  been  paid  in,  in  cash,  by  subscribers,  and 
$125,000  by  towns,  making  $191,000  in  all ; whereas  the  State 


5 


34 


has  advanced  $725,388,  and  is  bound,  by  tlic  terms  of  the  Loan 
Act,  to  advance  the  whole  of  the  $2,000,000  witliout  another 
dollar  from  private  subscriptions. 

Besides,  the  State  had  what  was  equivalent  to  valuable  security, 
in  the  character  of  the  directors  of  the  Western  Railroad.  Here 
they  are — many  among  the  lamented  dead  ; all  the  survivors  among 
our  most  honored  citizens:  Thomas  B.  Wales,  John  Henshaw, 
Edmund  Dwight,  Francis  Jackson,  Robert  Rantoul,  Jr.,  Josiah 
Quincy,  Jr.,  George  Bliss,  William  Jackson,  Charles  Hudson,  and 
Amasa  Walker. 

The  following  are  the  names  of  the  directors  of  the  Troy  and 
Greenfield  Railroad  Company : D.  N.  Carpenter,  Alvah  Crocker, 
James  Cheever,  Lewis  Rice,  E.  G.  Lamson,  Peter  B.  Brigham, 
Harvey  Arnold,  H.  L.  Sabin,  and  Herman  Haupt  1 ! 

Comparative  Distance. 

A great  deal  of  noise  has  been  heretofore  made  about  the  saving 
of  distance  for  the  great  traffic  of  the  West  to  Boston  over  the 
Troy  and  Greenfield  route.  Mr.  Haupt  has  claimed  that  the 
saving  is  twe^ity-three  miles.  By  the  following  table  it  turns  out 
to  be  but  five  miles. 

Boston  to  Schenectady  hy  imy  of  Albany. 

Miles 

Boston  to  Worcester,  ,.  . . 441 

Worcester  to  State  Line  en  Wes- 
tern Bailroad  proper,  . . 117^ 

J^lbany  and  W.  Stockhridge  R.  R.,  38 

200 

Albany  to  Schenectady,  ^ .17 

217 


! Boston  to  Schenectady  by  way  of  Troy. 
\ Miles. 


Boston  to  Fitchburg,  . . .51 

Fitchburg  to  Grant’s  Corner,  . 48 

Grant’s  Corner  to  Greenfield,  . 8 

Greenfield  to  Williamstown,  . . 43 

Southern  Vermont  road,  . . 6 
Vermont  Line  to  Troy, . . .35 


191 

Troy  to  Schenectady,  . . .21 

212 


Chance  of  Location. 

A's  an  illustration  of  the  fact,  that  the  change  of  location  was 
made  for  the  benefit  of  Mr.  Hau])t  at  the  sacrifice  of  the  best 
interests  of  the  enterprise,  especially  if  it  be  regarded  as  part 
of  a great  lino  for  through  trafiic,  compare  the  characteristics  of 
the  line  as  originally  located  with  those  of  the  jirosont  location. 
Bear  in  mind  that,  not  only  has  Haupt  adopted  a location  with 


35 


much  worse  curves,  but  he  has  violated  the  law,  which  authorizes 
the  location  to  be  changed  solely  on  the  condition  that  it  shortens 
the  Hne,’’^  whereas  his  change  of  location  adds  a mile  to  the  length 
of  the  line. 


COMPARATIVE  TABLE 


Of  Allignments  on  the  Troy  and  Greenfield  Railroad,  between  Hoosac  Mountain 
and  Greenfield,  by  Contractor’s  location,  30  miles ; and  between  same  points, 
by  Engineer’s  location,  29  miles. 


DESCRIPTION  OF  LINES. 

Present  location  of  Troy  and 
Oreenfleld  R.  R.  by  Con- 
tractors.* 

Original  location  of  Troy  and 
Greenfield  R.  R.,  by  En- 
gineer.t 

Kind  of  Curve. 

Radius  in 

Feet. 

Length  in 

Miles. 

No.  of 

Curves. 

Amount  of 

Curvature. 

Length  in 

Miles. 

1 

No.  of 

Curves. 

Amount  of 

Curvature. 

Under  1°,  . 

5,730 

- 

- 

- 

.78 

4 

25° 

2°,  . . . . 

2,865 

- 

- 

- 

4.79 

21 

309° 

3®,  . . . . 

l,9i0 

.63 

6 

o 

CO 

CO 

3.80 

21 

424° 

Of  3°,  . . 

1,910 

1.41 

16 

222° 

2.71 

13 

429° 

Between  3°  and  4°,  . 

- 

- 

- 

- 

- 

- 

- 

Of  4°, 

1,432 

3.36 

34 

709° 

3.59 

13 

760° 

Between  4°  and  5°,  . 

- 

- 

- 

- 

.56 

2 

133° 

Of  5°,  .... 

1,146 

.75 

8 

200° 

.21 

1 

56° 

5i°,  .... 

1,042 

- 

- 

- 

- 

- 

- 

6°,  . . . . 

955 

7.32 

69 

2,318° 

.19 

1 

60° 

7°,  . . . . 

818 

.39 

3 

144° 

- 

- 

- 

8°,  . . . . 

716 

.81 

6 

344° 

- 

- 

- 

Straight,  .... 

- 

15.44 

- 

- 

12.50 

- 

- 

- 

30.11 

142 

|4,005° 

1 

29.13 

76 

2,196° 

* Average,  133°  per  mile.  Shortest  Kadius,  716  feet, 
t Average,  75°  per  mile.  Shortest  Radius,  955  feet. 


The  Curvature  of  the  Vermont  and  Massachusetts  Railroad  averages  52®  per 
mile.  Shortest  Radius  921  feet. 


36 


Who  is  Herman  Haupt? 

By  a lucky  turn  of  tlie  wheel  of  fortune,  he  is  supposed  to 
have  made  some  money,  and  came  to  Massacliusetts  to  play 
Railroad  King.  At  first,  undoubtedly,  he  dreamed  of  fame  as 
well  as  fortune  from  this  great  enterprise.  Squandering,  in  wild 
speculations  and  visionary  experiments,  the  money  he  made  out 
of  the  Pennsylvania  Central  Railroad, — a road  which  has  had  to 
be  built  over  almost  entirely  new  since  he  left  it, — he  soon  found 
that  the  tunnel  was  not  the  El  Dorado  his  dreams  had  pictured. 
Driven  to  extremities,  all  his  ‘‘  great  expectations  ” having  failed, 
nothing  was  left  but  the  State  treasury.  Leaguing  himself  with 
the  most  unscrupulous  political  gamblers  and  profligate  adventu- 
rers in  the  State,  he  has  corrupted  the  politics  and  influenced  the 
legislation  of  the  State  to  an  extent  which  would  be  impossible 
to  one  less  unscrupulous  and  indefatigable. 

His  versatility  is  wonderful.  At  one  time,  you  admire  the  sol- 
emn upturning  of  eye  with  which  he  utters  the  following  : Men 

who  are  devoted  to  the  interests  of  humanity  and  tlie  cause  of 
true  religion  ; whose  fortunes  are  considered,  not  theoretically  but 
practically  as  held  in  trust  to  be  employed  as  the  Great  Giver, 
through  the  suggestions  of  an  enlightened  conscience,  may  direct ; 
whose  donations  have  been  as  munificent  as  they  were  unostenta- 
tious and  unknown  ; men  who  have  pledged  all  tlieir  share  of  tlie 
profit  that  may  be  realized  on  this  very  Hoosac  Tunnel  enterprise, 
to  objects  of  benevolence.” — Haupfs  speech  at  American  House ^ 
June  9, 1857. 

At  another  time,  one  could  hear  the  chuckle  with  which  he 
regarded  the  proficiency  of  his  pupils,  as  he  drilled  them  in  the 
tricks  of  his  trade. 

‘‘The  merry  old  gentleman,  placing  a snuff-box  in  one  pocket  of 
his  trowsers,  a note-case  in  the  other,  and  a watch  in  his  waistcoat 
pocket,  with  a guard-chain  round  his  neck,  and  sticking  a mock 
diamond  pin  in  Ids  shirt,  buttoned  his  coat  tight  round  him,  and 
j)uttiiig  his  spectacle-case  and  handkerchief  in  the  pockets,  trotted 
uf)  and  down  tlie  room  witli  a stick,  in  imitation  of  the  manner 
in  wliicli  old  gentlemen  walk  about  the  streets  every  hour  in  the 
day.  At  last  the  Dodger  trod  upon  his  toes,  or  ran  upon  his  boot, 
accidentally,  while  Oharlcy  Dates  stumbled  up  against  him  behind  ; 
and  in  that  one  moment  they  took  from  him  with  the  most  extra- 
or(lina,ry  raj)idity,  snuff-box,  note-case,  watch-guard,  chain,  shirt- 
jdii,  pocket  handkerchief, — even  the  spectacle-case.” 


37 


‘‘  Make  ’em  y’r  models,  my  dear,  make  ’em  y’r  models  ” said 
the  Jew  to  honest  unsophisticated  Oliver;  and  Oliver  tried  his 
hand. 

You’re  a clever  boy,  my  dear,”  said  the  playful  old  gentle- 
man, patting  Oliver  on  the  head  approvingly ; “ 1 never  saw  a 
sharper  lad.  Here^s  a shilling  for  you.  If  you  go  on  in  this 
way,  you’ll  be  the  greatest  man  of  the  time.” 

Alas,  our  Fagin  has  found,  not  only  Charley  Bateses  and 
Dodgers,  but  simple  Olivers  who  don’t  know  for  whose  benefit 
they  are  pulling  chestnuts  out  of  the  fire. 

I am  at  a loss  to  account  for  the  influence  which  Mr.  Haupt 
exerts  over  those  with  whom  he  comes  in  contact. 

I had  never  known  him ; but  was  prepared,  from  impressions 
of  him  derived  from  personal  friends  in  the  tunnel  region,  to 
think  very  favorably  of  him.  I expected  to  meet  a man  of  capacity 
and  breadth  of  character,  I found  an  adroit  and  unscrupulous 
special  pleader ; I expected  to  meet  an  enthusiast,  I found  a 
calculating,  selfish  speculator;  I looked  for  a Cheeryble,  I found 
a Uriah  Heep.  Plausible  and  insinuating  towards  those  whom  he 
desires  to  use,  servile  and  sycophantic  towards  those  who  have  the 
power  to  forward  or  thwart  his  schemes,  arrogant  and  insolent 
towards  those  whom  he  can  neither  humbug  nor  buy,  Shylock  and 
Pecksniff  by  turns,  he  has  succeeded  in  exerting  an  influence 
to  which  neither  his  character  or  ability  entitles  him.  As  an 
individual  he  deserves  no  notice ; as  the  marplot  of  this  great 
enterprise — an  enterprise  whose  success,  from  the  day  I first 
voted  for  its  charter  in  1848  to  this  hour,  I have  earnestly  desired 
and  done  what  I could  to  promote — he  deserves  to  be  exposed. 
I am  forced  by  the  developments  of  this  winter  to  believe,  as  I do 
most  profoundly,  that  Herman  Haupt,  under  professions  of  philan- 
thropy and  devotion  to  the  public  good,  is  perverting  this  enter- 
prise to  his  own  selfish  purposes  ; that,  instead  of  aiding  it,  he  has 
stood,  and  still  stands,  in  the  way  of  its  completion,  and  that  the 
road  to  success  will  not  be  entered  upon  until  his  false  character  is 
exposed  and  the  enterprise  rescued  from  his  control. 

I can  have  no  personal  controversy  with  such  a person.  I can 
feel  only  pity  for  a man  who  so  perverts  powers  which  might  have 
been  directed  to  a useful  purpose,  or  contempt,  when  he  deceives 
himself  with  the  idea  that  sensible  men  do  not  see  through  a 
disguise  which  is  composed  of  disgusting  cant,  superficial  dogma* 


38 


tism,  and  unmannerly  insolence.  He  is  delightfully  indifferent 
to  facts,  never  discusses  principles,  and,  with  singular  intellectual 
or  moral  obliquity,  considers  an  attack  upon  an  opponent’s  motives 
as  a reply  to  his  arguments, — “ mistaking  the  venom  of  tlie  shaft 
for  the  vigor  of  the  bow.” 


The  Tunnel. 

Wo  have  hardly  referred  to  this.  Haupt’s  game  has  been  to 
get  all  the  money  he  could  out  of  the  State  for  the  road  and  leave 
the  tunnel  on  our  hands.  Wo  know  too  little  about,  it  to  form 
any  intelligent  opinion  as  to  its  cost.  Somebody  has  got  to  spend 
two  or  three  millions  to  complete  it  with  a double  track,  as  it 
must  have,  for  any  considerable  traffic.  The  annexed  profile 
shows  what  has  been  done. 

What  shall  be  Done? 

There  is  one  course,  and  only  one  course,  which  sensible 
business  men  would  pursue  in  relation  to  this  matter, — send  no 
new  dollars,  after  the  old  ones  till  we  have  made  thorough 
investigation.  If  the  State  fairly  and  honestly  owes  any  body  a 
dollar,  PAY  IT.  If  the  work  is  to  be  finished,  the  State  must 
do  it ; for  not  a single  dollar  will  ever  come  from  any  other  source. 
Tliis  every-body  knows.  The  corporation  cannot  budge  another 
inch.  They  cannot  possibly  fulfil  their  contract  with  the  State* 
The  main  questions  to  be  answered  are  these, — “ Shall  the  State 
wind  up  the  concern  and  pocket  the  loss  ? or,  shall  she  furnish 
the  money  to  complete  the  work  ? ” If,  as  the  result  of  the  inves- 
tigation, it  should  be  decided  to  go  on,  the  only  sensible  and 
economical  way  is,  to  take  the  enterprise  into  her  own  hands, 
and  ‘‘  build  her  own  road  with  her  own  money.”  There  are  very 
grave  objections  to  this  course,  which  we  have  no  time  to  present. 
As  an  original  proposition,  it  could  not  be  entertained  for  a moment. 
Ihit,  having  })ut  our  foot  in  it,”  we  must  now  look  the  con- 
seiiuences  sejuarely  in  the  face.  If  the  road  is  to  be  finished,  the 
State  must  do  it,  and  do  it  through  her  own  agents  ; for  every 
consideration  of  economy  and  policy  forbids  our  going  on  with 
tli(5  j)r(iscnt  slip-shod  and  I’cckless  system  under  which  one  third 
of  oui- inoiKiy  sticks  to  the  fingers  of  speculators  and  swindlers 
while  we  ai’c  getting  a tunnel  of  only  half  the  proper  size  and  a 
road  of  no  value  as  a greiit  conimercial  highway. 


Cross  Sections  of  Tunnels. 


Julies  lo7ig. 

15  Cubic' yard&  ptr.  Imtcil  Jt. 


Soo sac  Tunnel  as  projected  and  estimated  Soosac  Tunnel  as  thus  ^far  ccmplUed. 
upon  when  loan  was  originally  granted. 


4Z73  feet  in  length 
11\  Cubic  yards 

per,  lineal  ft. 




Mngwood  Tumid,  TaltuncrekOhwR.R.  l^l-W  Ridge  Tunnel  in  V^.  emstmekd/or 

Singh  Track  and  cemphted  in  1857. 


ft  lies  long 


'!9h  Cubic  It ardfi:  per  lineal  ft. 

ggSJO  ^ 


Kant  Cents  Tunnel  Under  the  .dips. 


\4527  fiet  in  length  - ^6  of  a JUU.  j 
IS  Cubic  yards  per  lineal  ft  j 

fe J 

Tunnel  at  St  Martin's  on 
Bvurbeunats  R.R  France. 


« Z--ad:-g  S-^' . lar'i'ia  tin-i 


h Ld 

The  £lack  lines  at  cither  end  indicate  the  progrtsi 


PK«FILE  OF  THE  HO  0 SAP  MOITNTMN  on  TUMEL  ELNE 

OF  THE 

Cress  Seitions  vf  Tunnel.  TRtT  ^ ^RiiiNJFIJElLDj  RAUL  R§Ai. 


\ 


Marcli  1862. 


^5  Cu.-, 


if.aX  ft. 


\ ('opted  from  Frofile  made  Iry  <A.F.  Ed-murds,  Enqinti  t 

Lith  .by  .HiLion  3radiey  Springr/teld.JCass. 


Shi  Cubic  yards 
per,  f.neal  ft. 


Ihnnel  as,  pn jeritd  and  esiimated. 
upon  nhen  lean  //v/s  iriqiuiLiUj  iptented 


Tunnel  as  thus  far  e.oinpUUcl. 


Eorizonial  Scale  2f)CC  ft  to  an  inch. 
Vertical  e,  6'€0 « ,, 

J)ip  about  5”  from  i'ertical. 
Eock-.Mica  Slate  with  Quartz  ^Vcdales. 


.J 


39 


APPENDIX, 


[A.] 

GREEN  RIVER  BRIDGE. 


There  is  no  more  striking  instance  of  the  unaccountable  omission  of 
most  material  facts,  than  this  of  the  Green  River  Bridge.  Mr.  Harris’ 
testimony  as  to  its  worthless  character  were  clear  and  positive,  and  uncon- 
tradicted. He  was  supported  fully  by  Mr.  Vose,  who  had  given  the  bridge 
a thorough  examination,  and  reported  the  results  in  a statement  character- 
ized by  remarkable  clearness  and  scientific  exactness,  accompanied  by 
drawings  taken  on  the  spot,  which  confirmed,  unequivocally,  his  testimony. 
There  is  not  the  slightest  allusion,  in  the  report,  to  Mr.  Vose’s  testimony, 
to  the  facts,  to  his  drawings,  or  to  the  condition  of  the  bridge,  and  yet  here 
is  a piece  of  Haupt’s  work  for  which  the  State  has  paid  him  $20,000  ! ! 

At  our  request,  Mr.  Vose  has  furnished  us  with  the  following  report  of 
his  testimony  before  the  Committee. 

Statement  by  Mr.  Vose. 

Upon  Friday,  February  21st  last,  I saw  Mr.  Whitwell,  who  wished  me 
to  go  to  Greenfield,  to  examine  the  Green  River  Bridge.  I had  never 
known  Mr.  Whitwell  before,  but  had  heard  of  him  as  an  engineer.  Mr. 
Haupt  I had  never  seen  but  once,  and  knew  of  him  only  by  his  book  on 
Bridge  Construction.  I had  never  any  connection  whatever  with  either  of 
these  engineers,  nor  with  the  Troy  and  Greenfield  Railroad.  I left  Boston 
Friday  evening,  February  21,  and  on  the  following  day  inspected  the 
Green  River  Bridge,  examining  every  timber  and  nearly  every  rod.  I 
did  not  go  to  Greenfield  prejudiced  against  the  structure,  although  I had 
heard  that  the  work  was  not  well  made.  I went  to  see  it  as  it  actually 
was ; and  I have  no  object  in  making  it  appear  in  any  respect  better  or 
worse  than  it  is.  I made  several  sketches  on  the  spot,  of  what  appeared 
to  me  to  be  serious  defects.  These  sketches  I gave  to  the  Committee, 
wishing  by  them  to  make  the  bridge  speak  for  itself.  The  following  are 
the  features  v/hich  appeared  to  me  as  defects : 

First.  The  eastern  half  of  the  bridge  is  on  a sharp  curve.  That  a 
railway  train  exerts  considerable  lateral  action  against  the  rails  upon  a 


40 


curve,  is  too  plain  an  assertion  to  need  proof  r the  tendency  of  the  engine 
is  to  move  in  a straiglit  line ; the  rails  upon  the  curve  prevent  such  straight 
motion,  and  whatever  preventive  force  is  thus  applied,  tends  by  reaction  to 
push  the  bridge  over  sideways.  A bridge  thus  on  a curve,  needs  an 
unusual  amount  of  lateral  strength ; in  which  the  bridge  in  question  seems 
extraordinarily  deficient ; and  the  novel  plan  of  the  bridge  seems  to  me  to 
forbid  the  introduction  of  this  so  much  needed  element  of  safety. 

Second.  There  is  a lack  of  continuity  in  the  timber  work  over  the 
{)iers.  By  connecting  the  different  spans  in  a bridge  efficiently,  the  strength 
of  the  central  spans  is  doubled,  while  that  of  the  end  spans  is  increased 
fifty  per  cent.  Mr.  Ilaupt  does  not  deny  this.  Now  although  in  the  Green 
River  Bridge,  the  curve  does  not  allow  of  the  ordinary  connection  over 
the  piers,  yet  there  is  not  the  least  trouble  in  making  a good  junction. 
Any  bridge  builder  will,  I think,  admit  this. 

Third.  The  application  of  the  main  suspension  rods  (upon  which  the 
whole  bridge  depends)  to  the  top  chords  over  the  piers,  is  most  wretched. 
Instead  of  passing  the  main  rods  through  a hard  wood  block  and  an  iron 
plate  or  washer,  the  nuts  are  applied  to  a soft  pine  wood  floor  beam ; the 
result  is  as  might  be  expected — the  nuts  have  cut  into  the  wood  so  as  to 
destroy  entirely  the  fibre.  This  defect  could  only  be  the  result  of  the 
grossest  ignorance,  or  the  grossest  carelessness.  Mr.  Haupt  and  Mr.  Child 
(the  builder)  certainly  both  know  better  than  to  allow  such  detail. 

Fourth.  The  bridge  is  quite  top-heavy,  and  the  most  so  when  a train  is 
upon  it.  I can  hardly  see  how  a locomotive  could  pass  over  the  long  spans 
of  the  bridge  and  not  turn  it  over.  Bridges  having  the  roadway  on  the 
top  chord,  need  to  be  particularly  well  supplied  with  lateral  vertical  braces, 
since  the  span  is,  and  must  be,  top-heavy.  I see  no  way  to  get  in  a suffi- 
cient amount  of  this  kind  of  tracing  in  the  Green  River  Bridge ; I do  not 
think  the  plan  admits  of  it. 

Fifth.  The  trestle-pier  under  the  west  end  of  the  western  long  span, 
seemed  to  me  entirely  unsafe  for  bearing  the  weight  of  a locomotive.  It 
is  made  of  a few  long  and  slender  posts,  braced  chiefly  by  small  planks 
I)inned  with  wooden  pins.  I do  not  consider  it  even  sufficient  for  a tempo- 
rary work.  I would  on  no  account  attempt  to  run  an  engine  over  it. 

Sixth.  The  connection  between  the  small  span  and  the  embankment,  at 
the  west  end,  seemed  to  me  quite  unfit  for  the  purpose. 

Regarding  the  cast-iron  cylinders,  I should  not  consider  them  a cause  for 
tiie  failure;  since  if  the  main  rods  are  properly  at  work,  the  cylinders 
might  break  into  a number  of  pieces  without  aflecting  the  structure.  I 
sliould  not  use  such  cylinders  myself,  nor  should  I condemn  a bridge  for 
having  lliern.  1 do  not  r(‘gard  them  as  accountable  for  the  fall  of  the 
bridge.  I do  not  thiidi  tlie  location  demanded  a curved  bridge;  very  few 


41 


locations  do.  A curve  is  too  much  of  an  evil  to  be  allowed  in  a bridge, 
unless  the  extra  cost  of  making  the  line  straight  is  excessive.  One  thing 
is  however  to  be  borne  in  mind — the  speed  of  trains  at  this  bridge,  being 
so  near  the  end  of  the  road,  would  never  be  high,  and  the  evil  of  the  curve 
is  thus  not  so  great  as  it  would  be  elsewhere.  If  I was  required  to  make 
a good  roadway  across*  Green  *River  at  this  point,  I should  make  an  entirely 
new  and  different  bridge.  I should  use  the  present  masonry,  (since  it  is 
built,)  curve  and  all,  unless  the  expected  traffic  was  heavy  ; but  for  a 
great  freight  road,  I should  use  nothing  now  on  the  ground,  but  should 
re-locate  this  part  of  the  line. 

The  foregoing  is  exactly  what  I think  about  the  Green  River  Bridge, 
which,  designed  by  Mr.  Haupt,  the  author  of  a work  on  bridges,  and  built 
by  Mr.  Child,  one  of  the  best  bridge  builders  in  New  England,  is  yet  the 
worst  structure  for  a bridge  that  it  has  ever  been  my  fortune  to  examine. 

GEORGE  L.  VOSE,  Engineer, 

Boston,  April  2,  1862. 


[B.] 

THE  TWENTY  PER  CENT.  FRAUD. 

This  transaction  is  so  characteristic  of  the  double-shuffling  manoeuvres 
which  have  attended  every  step  in  the  enterprise  since  Mr.  Haupt  joined 
it,  that  it  deserves  something  more  than  a passing  notice.  We  collate  the 
facts  from  the  records  of  the  corporation  and  directors,  as  published  in  the 
Appendix  to  Mr.  Kimball’s  Report. 

It  must  be  borne  in  mind  that  at  this  time,  there  had  not  been  a particle 
of  proof  furnished  to  the  directors  or  to  the  “ Finance  Committee,”  who 
gave  the  order  for  the  payment,  that  Haupt  & Co.  had  done  work  to  the 
amount  of  $100,000.  The  only  certificate  they  had  was  one  signed  by 
“Alfred  R.  Field,  Chief  Engineer^  pro  tern.”  elsewhere  styling  himself 
Acting  Chief  Engineer’^  both  styles  implying,  as  was  the  fact,  that  Haupt 
was  really  Chief  Engineer.  (This  necessity  of  putting  forward  respectable 
men,  under  these  assumed  names  of  “ acting  or  '‘fro  tem.’’  engineers,  proving 
embarrassing,  it  was  soon  after  disposed  of  by  a vote  of  the  directors.  May 
20,  1859,  declaring  that  “whereas  H.  Haupt  has  formally  relinquished  for 
himself,  his  heirs,  executors  and  assigns,  all  pecuniary  interest  in  any 
profits  that  may  be  realized  from  this  contract,  therefore  Votef  that  no 
impediment  exists  to  his  performing  the  duties  of  chief  engineer.”  It  is 
understood  that  it  is  this  assignment  of  profits  for  the  benefit  of  the  inhab- 
6 


42 


itants  of  Boora-boola-gha,  to  wliicli  lie  refers  when  he  speaks  of  “donations 
as  munificent  as  they  were  unostentatious  and  nnknown.'')  The  only 
certificate  that  any  thing  was  due  to  Mr.  Ilaupt  was  one  from  Mr.  Field, 
stating  that  he  had  not  had  time  to  measure  the  work  done,  but  saying — “I 
liave  no  doubt  that  II.  Ilaupt  & Co.  w^ould  be  entitled  to  receive  for  work 
done  under  their  contract  a sum  considerably  exceeding  iho,  j^roposed payment 
of  one  hundred  thousand  dollars  at  this  time.”  The  only  certificate  approach- 
ing the  requirements  of  the  statute — and  this  in  no  sense  does  comply  with 
their  requirements — is  one  dated  Nov.  28,  1850,  in  which  “II.  Ilaupt, 
engineer,”  certifies  that  “ II.  Ilaupt  & Co.  having  completed  more  than  one- 
fifth  part  of  the  work,  are  entitled  to  receive,  in  stock  and  bonds,  the  sum 
of  four  hundred  thousand  dollars;”  and  in  this  $400,000  are  included  the 
$100,000  referred  to  in  Mr.  Field’s  certificate.  But,  let  the  curtain  rise. 

“NOW  YOU  SEE  IT;  NOW,  YOU  DON’T.” 

Dramatis  Personoe. 

Wendell  T.  Davis,  Treasurer. 

H.  Haupt,  Stockholder. 

H.  Haupt,  Contractor. 

H.  Haupt,  Engineer  de  facto. 

H.  Haupt,  Director. 

Friend  in  need. 

Bank  Cashier. 

Bank  Teller. 

Haupt,  Stockholder. — Good  morning,  Mr.  Treasurer.  I called  to  pay 
that  little  assessment  on  my  stock. 

Trea, surer. — Ah,  yes.  Glad  to  see  you,  Mr.  Haupt.  Let’s  see  ; five 
thousand  shares ; twenty  per  cent. — one  hundred  thousand  dollars.  Shall 
I give  you  a receipt  for  that  amount  ? 

Haupt,  S. — If  you  please.  Be  particular  to  state  that  the  amount  is  paid 
in  cash. 

Treasurer. — Certainly.  ( Writes.)  Here  it  is,  Mr.  Haupt. 

Haupt,  S. — (To  the  Cashier.)  I’ll  take  that  little  package,  if  you  please. 

Cashier. — (aside  to  Teller — Just  lock  the  door  and  hand  me  the  key.) 
Gentlemen,  you  remember  the  understanding.’^ 

O nines. — Yes. 

(Cashier  liands  Haupt  llie  j)a(;kage,  whicli  Ilaupt  passes  to  the  Treasurer, 
who  comriKincns  counting  it.) 

Haupt,  S. — It  is  unnecessary  to  count  il.  It’s  all  right,  isn’t  it  Mr. 
Cashi(!r  ? 

Cashier. — All  right. 

'Ireasiirer. — V(iry  good. 


43 


Haupt,  Contractor. — I have  a small  order  on  you,  Mr.  Treasurer ; I 
would  like  the  money  to-day,  as  I am  rather  short.  Besides,  a part  of  it, 
being  the  profits,  belongs  to  my  friends  out  in  Boora-boola-gha ; and  as  the 
next  vessel  sails  to-morrow,  I would  like  to  remit. 

Treasurer. — Hem.  Order  signed  “ D.  N.  Carpenter  and  B.  F.  Wells, 
Finance  Committee” — “pay  H.  Ilaupt  & Co.  one  hundred  thousand  dollars.” 
I dare  say  it  is  all  right,  Mr.  Haupt.  But  I don’t  remember  that  any 
certificate  from  the  Engineer  has  been  filed  with  me  as  Clerk,  as  to  amount 
of  work  done,  as  required  by  the  statute. 

Haupt,  G. — Oh,  ah,  I forgot,  Mr.  Treasurer.  Here  it  is,  signed  by  Mr. 
Field,  “ Chief  Engineer,  pro  tern.’' 

Treasurer. — Yes ; but  this  certificate  is  dated  to-day,  July  24th  ; while 
your  order  for  the  money  is  dated  yesterday,  July  23d. 

Haupt,  Director. — That  is  all  well  enough.  It  won’t  do  to  be  too  partic- 
ular. 

Treasurer. — Well,  waiving  that ; it  strikes  me  that  Mr.  Field’s  certificate 
ought  to  state  more  definitely  the  amount  of  work  done.  As  it  is,  it  is  only 
an  opinion  of  his. 

Cashier,  ( aside.) — This  is  getting  serious.  (To  the  Teller.)  See  that 
nobody  jumps  out  of  that  window,  and  keep  your  eye  on  the  package. 

Haupt,  Engineer. — Why,  Mr.  Treasurer,  I am  Engineer  de  facto,  and  I 
tell  you  it’s  all  right. 

Treasurer. — Yes;  but — 

Haupt,  Stockholder. — But  me  no  buts,  Mr.  Treasurer ! I own  five 
thousand  shares  and  upwards  of  this  stock,  and  I run  the  machine. 

Treasurer. — I was  only  going  to  say,  Mr.  Haupt,  that  I didn’t  know  but 
good  faith  to  the  State  required  me  to  be  a little  cautious  to  preserve  at 
least  the  forms  of  compliance  with  the  statute.  But  I dare  say  it  is  all  right. 

Haupt,  Contractor. — Now  you  talk  like  a sensible  man.  There  ; there’s 
my  receipt  for  one  hundred  thousand  dollars.  Down  with  the  dust. 

Treasurer. — Well — Here’s  your  money. 

Cashier. — Hold  on  ! “a  bird  in  the  hand  ! ” (Siezes  the  package  in  transitu 
and  pockets  it.  Exeunt  Cashier  and  Teller.) 

Treasurer. — Between  us,  isn’t  it  rather  steep  for  me  to  certify  to  this  as  a 
cash  payment  of  twenty  per  cent,  on  a hona fide  subscription? 

Haupt. — Poh ! You  need  n’t  certify  any  thing  about  it.  Look  at  the 
report  of  the  committee  of  the  directors  yesterday,  which  you  have  recorded : 
“ That  the  whole  number  of  shares  subscribed  unconditionally  and  upon  each 
and  every  share  of  which  twenty  per  cent,  or  more  has  been  paid  in  cash, 
is  six  thousand  five  hundred  and  nine.” 

(Signed,)  D.  N.  Carpenter, 

• R.  H.  Wells, 

R.  H.  Leavitt, 

W.  T.  Davis, 

Committee  of  the  Directors.’^ 


n 


44 

“ W.  T.  Davis,  Director,”  is  in  for  it;  and  it  don’t  make  much  difference 
what  “Wendell  T.  Davis,  Clerk,”  says  or  does  about  it.  (Exit  llaupt.) 

Treasurer. — (Solus) — He’s  got  me  ! 

“ Oh,  what  a tangled  web  we  weave, 

When  once  we  practice  to  deceive  ” ! 

Facilis—facilis  descensus^  What  is  the  rest  of  it?  Holloa!  Isay, 
old  boy!  (Enter  Friend  in  need.) 

Friend. — What’s  the  fun  ? 

Treasurer. — I’m  stuck.  What  is  the  balance  of  that  quotation — Facilis 
descensus  ? 

Friend. — Why,  man,  have  you  lost  your  wits?  Any  school  boy  will 
prompt  you — “ Facilis  descensus  Averni  ; sed  revocare,  ^c.” 

Treasurer. — Ah,  1 remember.  How  that  word  Averni  stuck  in  my 
throat.  Why  should  it,  old  chap  ? 

Friend. — Shouldn’t  want  to  say,  my  boy. 

Treasurer. — Sed  revocare  gradum ! There’s  the  rub.  How  can  I get 
out  of  this  scrape  ? 

Friend. — You  remember  the  story  of  the  frog,  climbing  two  feet  out 
of  the  well  every  day,  and  falling  back  three  every  night.  Do  you  re- 
member how  he  got  out  ? 

Treasurer. — (eagerly.)  No,  I don’t ; how  did  he  ? 

Friend. — Well,  I never  heard  that  he  did.  But  I know  what  I advised 
him  ? 

Treasurer. — What  was  that  ? 

Friend. — Why,  to  call  upon  his  friends  above  ground  to  pull  him  out. 

Treasurer. — Well,  what  did  he  say? 

Friend. — Why,  he  said  he  had  but  precious  few  friends ; and  they 
were  all  under  water  deeper  than  he  was.  So,  the  only  comfort  I could 
give  him  was,  as  I have  often  told  you,  that  he  had  no  business  to  be  there  ! 

By  the  way,  old  boy,  would  you  like  to  see  my  sketch  of  the  Great  Bore  ? 
Had  enough  of  it,  eh?  Well,  but  you  must.  Look;  I place  my  left 
thumb  on  the  tip  of  my  nose — thus.  I fold  the  three  next  fingers,  so. 

I extend  the  little  finger,  making,  with  the  thumb,  an  angle  of  about  a 
hundred  and  ten  degrees.  Good!  I gyrate!  Good-bye,  old  fellow ! (Exit 
singing, 

“ The  frog  he  would  a wooing  go ! ” 

Tol-de-rol-li-ra!) 

Treasurer. — ( Solus,  recites,) 

“ Sin  has  a thousand  trcaclierous  arts 
To  practice  on  tlic  mind; 

With  nattering  lips  she  teini>ts  our  hearts, 
lUit  leaves  a sting  behind!  ” 


( Curtain  falls.) 


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